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AB-2465 Equity: socially disadvantaged groups and organizations: grants.(2023-2024)

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Date Published: 08/24/2024 04:00 AM
AB2465:v96#DOCUMENT

Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  August 20, 2024
Amended  IN  Assembly  April 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2465

Introduced by Assembly Member Gipson
(Coauthors: Assembly Members Addis and Villapudua)

February 13, 2024

An act to add and repeal Section 1350.5 of the Fish and Game Code, to amend Section 512 of the Food and Agricultural Code, to amend Section 12802.10 of the Government Code, to amend Sections 4799.05, 4799.12, 5072.8, and 71116 of, 4799.05 and 5072.8 of, and to add and repeal Sections 614.5, 31121, 32379, and 33343.5 of, the Public Resources Code, and to amend Sections 6700 and 7049 Section 6700 of the Water Code, relating to equity.


LEGISLATIVE COUNSEL'S DIGEST


AB 2465, as amended, Gipson. Equity: socially disadvantaged groups and organizations: nonprofit organizations: grants.
(1) Existing law, the Farmer Equity Act of 2017, requires the Department of Food and Agriculture to ensure the inclusion of socially disadvantaged farmers and ranchers, defined as a member of a socially disadvantaged group, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified.
This bill would expand the definition of socially disadvantaged group to include descendants of enslaved persons in the United States.
(2) Existing law establishes the Wildlife Conservation Board, the Department of Conservation, the Director of Forestry and Fire Protection, the Department of Parks and Recreation, the State Coastal Conservancy, the Sacramento-San Joaquin Delta Conservancy, the Sierra Nevada Conservancy, the California Environmental Protection Agency, and the Department of Water Resources. Existing law authorizes these persons and entities to award grants, as provided.
This bill would require those persons and entities, until January 1, 2031, when awarding certain grants, to prioritize the awarding of grant funding to socially disadvantaged organizations, as defined, as provided. organizations by awarding additional points equal to 15% of the total points available for scoring, as specified. The bill would define “socially disadvantaged organization” for that purpose to mean a nonprofit organization that has (1), as a majority of its board of directors, members who are descendants of enslaved persons in the United States, and (2) articles of incorporation stating certain information. The bill would also require grant applications submitted by a socially disadvantaged organization to include an affidavit executed by each member of its board of directors that the organization meets specified requirements.

(3)Existing law requires the Secretary of the Natural Resources Agency to manage and award financial assistance to specified entities, including a nonprofit organization, in order to support the development of sustainable communities, as provided. Existing law requires the secretary to give additional consideration to awarding moneys for a project that meets at least 2 of a list of specified criteria.

This bill would, until January 1, 2031, add to this list of criteria a project that is undertaken by a socially disadvantaged organization, as defined.

(4)

(3) This bill would make its provisions severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1350.5 is added to the Fish and Game Code, to read:

1350.5.
 (a) (1)When awarding grants pursuant to this article, the board shall prioritize the awarding of grant funding to socially disadvantaged organizations, organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(b) The board shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.
(c) The board shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(d) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e).

(d)

(e) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as has both of the following:
(1) As a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. who are descendants of enslaved persons in the United States.
(2) Articles of incorporation that state that the organization seeks to serve socially disadvantaged groups by promoting the conservation of agriculture, rangeland, or farmland, or the preservation, protection, or enhancement of land for its agricultural use or for its natural, scenic, historical, forested, or open-space condition or use.

(e)

(f) This section shall only apply to the extent not in conflict with state and federal law.

(f)

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2.

 Section 512 of the Food and Agricultural Code is amended to read:

512.
 For purposes of this article, the following terms have the following meanings:
(a) “Secretary” refers to the Secretary of Food and Agriculture.
(b) “Socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group.
(c) “Socially disadvantaged group” means a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following:
(1) African Americans.
(2) Native Indians.
(3) Alaskan Natives.
(4) Hispanics.
(5) Asian Americans.
(6) Native Hawaiians and Pacific Islanders.
(7) Descendants of enslaved persons in the United States.
(d) “Urbanized area,” as used by the United States Census Bureau, refers to a population of at least 50,000 people.

SEC. 3.Section 12802.10 of the Government Code is amended to read:
12802.10.

(a)For purposes of this section, the following terms have the following meanings:

(1)“Critically underserved community” has the same meaning as defined in Section 5642 of the Public Resources Code.

(2)“Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code or pursuant to Section 75005 of the Public Resources Code.

(3)“Multiple benefits” includes, but is not limited to, a decrease in air and water pollution or a reduction in the consumption of natural resources and energy, including, but not limited to, the establishment and enhancement of projects listed in subdivision (e).

(4)“Secretary” means the Secretary of the Natural Resources Agency.

(5)“Special district” means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district.

(b)To support the development of sustainable communities, the secretary shall manage and award financial assistance, for the preparation and implementation of green infrastructure projects that reduce greenhouse gas emissions and provide multiple benefits, to any of the following:

(1)A city.

(2)A county.

(3)A special district.

(4)A nonprofit organization.

(5)An agency or entity formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, notwithstanding the Joint Exercise of Powers Act.

(c)Moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8, shall be available, upon appropriation by the Legislature, for allocation by the secretary pursuant to this section.

(d)The secretary shall develop minimum requirements for awarding moneys for eligible projects pursuant to this section. Those requirements shall require a project, in addition to reducing greenhouse gas emissions, to do at least one of the following:

(1)Acquire, create, enhance, or expand community parks and green spaces.

(2)Use natural systems or systems that mimic natural systems to achieve multiple benefits.

(e)The multiple benefits of a project may include, but are not limited to, the establishment or enhancement of at least two of the following:

(1)The greening of existing public lands and structures, including schools.

(2)Multiobjective stormwater projects, including the construction of permeable surfaces and collection basins and barriers.

(3)Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees.

(4)Urban heat island mitigation and energy conservation efforts through greening, including green roof projects.

(5)Nonmotorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools.

(6)Tree canopy.

(7)Wetlands.

(8)Neighborhood, city, regional, or county parks and open space.

(9)Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change.

(10)Economic, social, and health benefits, including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities.

(f)The secretary shall give additional consideration to awarding moneys for a project pursuant to this section that meets at least two of the following criteria:

(1)Provides park or recreational benefits to a critically underserved community or disadvantaged community.

(2)Is proposed by a critically underserved community or disadvantaged community.

(3)Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training.

(4)Uses interagency cooperation and integration.

(5)Uses existing public lands and facilitates the use of public resources and investments, including schools.

(6)(A)The project is undertaken by a socially disadvantaged organization.

(B)For purposes of this paragraph, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code.

(C)This paragraph shall only apply to the extent not in conflict with state and federal law.

(D)This paragraph shall be operative only until January 1, 2031.

(g)The secretary shall allocate at least 75 percent of the moneys available for the purposes of this section to projects that are located in, and that provide benefits to, disadvantaged communities.

(h)In implementing this section, the secretary shall maximize the expenditure of funds made available pursuant to the Statewide Park Development and Community Revitalization Act of 2008 (Chapter 3.3 (commencing with Section 5640) of Division 5 of the Public Resources Code).

(i)The secretary shall hold at least two public hearings to gather public input on program development before establishing the program guidelines and selection criteria. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) does not apply to the development and adoption of guidelines and selection criteria adopted pursuant to this section.

SEC. 4.SEC. 3.

 Section 614.5 is added to the Public Resources Code, to read:

614.5.
 (a) (1)When awarding grants pursuant to this article, the department shall prioritize the awarding of grant funding to socially disadvantaged organizations, organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(b) The department shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.
(c) The department shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(d) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.

(d)

(e) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.

(e)

(f) This section shall only apply to the extent not in conflict with state and federal law.

(f)

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 5.SEC. 4.

 Section 4799.05 of the Public Resources Code is amended to read:

4799.05.
 (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2) (A) The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.
(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.
(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.
(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the department’s use of advance payments.
(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b) (1) When awarding grants pursuant to this section, the director shall prioritize the awarding of grant funding to socially disadvantaged organizations. organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(3)

(2) The director shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.

(4)

(3) The director shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(4) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.
(5) For purposes of this subdivision, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.
(6) This subdivision shall only apply to the extent not in conflict with state and federal law.
(7) This subdivision shall be operative only until January 1, 2031.
(c) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(d) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.
(e) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied:
(A) The primary role of a state or local agency is providing funding or staffing for those projects.
(B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.
(2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).
(3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.
(4) (A) If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Planning and Research and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
(B) If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the department’s internet website.
(5) On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code.
(6) This subdivision shall become inoperative on January 1, 2028.
(f) Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073.

SEC. 6.Section 4799.12 of the Public Resources Code is amended to read:
4799.12.

(a)The director, with advice from other appropriate state agencies and interested parties, may make grants to provide assistance of 25 to 90 percent of costs for projects meeting guidelines established by the board upon recommendation by the director. The director may waive the cost sharing requirement for projects that are in disadvantaged and low-income communities. Grants may be made to cities, counties, districts, and nonprofit organizations. The director may also waive the cost sharing requirement if the funding source for a grant prohibits cost sharing requirements. The director may authorize advance payments from a grant awarded to a nonprofit organization that is located in or providing service to disadvantaged or low-income communities. The advance shall not exceed 25 percent of the total grant award. Contributions required as a condition of grants made pursuant to this section may be made in the form of material, services, or equipment, or funds. Authorized assistance may include, but is not limited to, any of the following needs:

(1)Funding for development of urban tree plans that include coordination of local agency efforts and community involvement.

(2)Funding for development of urban tree plans that include coordination of multiple jurisdictions, multiple agency efforts, and community involvement.

(3)Funding for development of urban forest master plans or similar plans designed to provide comprehensive protection, maintenance, and management of the urban forest.

(4)Provision of seedling and tree stock.

(5)Tree planting projects.

(6)Funding and other assistance to local agencies and nonprofit organizations for partnerships as follows:

(A)Energy saving urban forest programs.

(B)Developing projects or programs that use urban forests for water conservation, improving water quality, improved water management, or stormwater capture.

(C)Developing projects or programs that use urban forests for air quality improvement, reduction in greenhouse gas emissions, or reduction of urban heat island effect.

(D)Developing community education and engagement programs on the benefits and proper care of trees.

(7)Funding for the development of training and educational materials on the benefits of the urban forest.

(8)Funding for the development of training and educational materials on proper care and maintenance of trees and the urban forest, including young and mature tree care.

(9)Funding and other assistance, based on criteria developed by the department, for management of urban forests to ensure their survival and ability to optimize the benefits that urban forests provide the community and the environment.

(10)Funding and other assistance for demonstration projects in urban forestry with special attention given to projects or programs assisting the state in meeting the requirements of the Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), improving energy and water conservation, capturing and filtering urban stormwater and dry weather runoff, improving water quality, utilizing local water, reducing the urban heat island effect, improving air quality, and wood and fiber utilization projects, including, but not limited to, biofuel and bioenergy.

(11)Funding for improved urban forest maintenance and projects that respond to events that impact urban forest health, including drought, storms, pests, and disease.

(12)Funding for planning and technical assistance for eligible applicants assisting disadvantaged communities.

(13)Other categories of projects recommended by the director and approved by the board.

(b)(1)The director shall prioritize the award of grant funding pursuant to this section to socially disadvantaged organizations.

(2)For purposes of this subdivision, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code.

(3)This subdivision shall only apply to the extent not in conflict with state and federal law.

(4)This subdivision shall be operative only until January 1, 2031.

SEC. 7.SEC. 5.

 Section 5072.8 of the Public Resources Code is amended to read:

5072.8.
 (a) The Recreational Trails Fund is hereby created. Moneys in the Recreational Trails Fund shall be available, upon appropriation by the Legislature, to the department for competitive grants to cities, counties, districts, state and federal agencies, federally recognized California Native American tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails.
(b) The Controller shall promptly transfer all money received by the state from the federal government as allocations from the National Recreational Trails Trust Fund pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 (P.L. 102-240) and deposited in the Federal Trust Fund, to the Recreational Trails Fund. The money in the Recreational Trails Fund shall be available to the department for expenditure, upon appropriation by the Legislature, for grants pursuant to subdivision (a), in accordance with the Steve Symms National Recreational Trails Fund Act of 1991. Seventy percent of the money received by the state from the federal government and transferred to the Recreational Trails Fund pursuant to this subdivision shall be available only for nonmotorized recreational trails with at least one-half of that amount available only for grants to cities, counties, districts, federally recognized California Native American tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, and nonprofit organizations for the acquisition and development of new nonmotorized recreational trails and the reconstruction or relocation of existing nonmotorized recreational trails.
(c) The department shall prepare and adopt criteria and procedures for evaluating applications for grants, which, at a minimum, shall include certification that the project is consistent with the applicant’s general plan or the equivalent planning document, complies with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and other environmental protection laws and regulations, and is not required as a mitigation measure as a condition for a permit or other entitlement. The department shall forward to the Director of Finance for inclusion in the Governor’s Budget of each fiscal year all projects that are recommended for funding and those projects shall be contained in the Budget Bill for that fiscal year.
(d) A grant shall not be made from the Recreational Trails Fund to an applicant unless the applicant agrees to both of the following conditions:
(1) To maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the department, the applicant or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this section. In the case of lands not held in fee by the applicant (limited tenure projects), perpetuity shall be in accordance with the tenure or for the length of time sufficient to provide public benefits commensurate with the type and duration of interest in land held by the applicant.
(2) To use the property only for the purposes of the grant and to make no other use, sale, or other disposition or conversion of the property except as authorized by a specific act of the Legislature and the property shall be replaced with property of equivalent value and usefulness as determined by the department. The property acquired or developed may be transferred to another public agency if the successor agency assumes the obligations imposed under this chapter.
(e) All applicants for a grant pursuant to this section shall submit an application to the department for approval. Each application shall include in writing the conditions specified in paragraphs (1) and (2) of subdivision (d).
(f) The department, before dispersing a grant pursuant to this section on or after January 1, 2024, shall have a mechanism in place to recover a grant spent outside the terms of the recipient’s grant agreement.
(g) (1) When awarding grants pursuant to this section, the department shall prioritize the awarding of grant funding to socially disadvantaged organizations, organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(3)

(2) The department shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.

(4)

(3) The department shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(4) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.
(5) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.
(6) This subdivision shall only apply to the extent not in conflict with state and federal law.
(7) This subdivision shall be operative only until January 1, 2031.

SEC. 8.SEC. 6.

 Section 31121 is added to the Public Resources Code, to read:

31121.
 (a) (1)When awarding grants pursuant to this chapter, the conservancy shall prioritize the awarding of grant funding to socially disadvantaged organizations, organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(b) The conservancy shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.
(c) The conservancy shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(d) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.

(d)

(e) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.

(e)

(f) This section shall only apply to the extent not in conflict with state and federal law.

(f)

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 9.SEC. 7.

 Section 32379 is added to the Public Resources Code, to read:

32379.
 (a) (1) When awarding grants pursuant to this chapter, the conservancy shall prioritize the awarding of grant funding to socially disadvantaged organizations, organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(b) The conservancy shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.
(c) The conservancy shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(d) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.

(d)

(e) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.

(e)

(f) This section shall only apply to the extent not in conflict with state and federal law.

(f)

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 10.SEC. 8.

 Section 33343.5 is added to the Public Resources Code, to read:

33343.5.
 (a) (1) When awarding grants pursuant to this chapter, the conservancy shall prioritize the awarding of grant funding to socially disadvantaged organizations. organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(b) The conservancy shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.
(c) The conservancy shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(d) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.

(d)

(e) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.

(e)

(f) This section shall only apply to the extent not in conflict with state and federal law.

(f)

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 11.Section 71116 of the Public Resources Code is amended to read:
71116.

(a)The Environmental Justice Small Grant Program is hereby established under the jurisdiction of the California Environmental Protection Agency. The California Environmental Protection Agency shall adopt regulations for the implementation of this section. These regulations shall include, but need not be limited to, all of the following:

(1)Specific criteria and procedures for the implementation of the program.

(2)A requirement that each grant recipient submit a written report to the agency documenting its expenditures of the grant funds and the results of the funded project.

(3)Provisions promoting the equitable distribution of grant funds in a variety of areas throughout the state, with the goal of making grants available to organizations that will attempt to address environmental justice issues.

(b)The purpose of the program is to provide grants to eligible community groups, including, but not limited to, community-based, grassroots nonprofit organizations, that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.

(c)(1)Both of the following are eligible to receive moneys from the fund:

(A)A nonprofit entity.

(B)A federally recognized tribal government.

(2)For purposes of this section, “nonprofit entity” means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria:

(A)Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest.

(B)Is not organized primarily for profit.

(C)Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations.

(D)Is a tax-exempt organization under Section 501(c)(3) of the federal Internal Revenue Code, or is able to provide evidence to the agency that the state recognizes the organization as a nonprofit entity.

(3)For purposes of this section, “nonprofit entity” specifically excludes an organization that is a tax-exempt organization under Section 501(c)(4) of the federal Internal Revenue Code.

(d)Individuals may not receive grant moneys from the fund.

(e)Grant recipients shall use the grant award to fund only the project described in the recipient’s application. Recipients shall not use the grant funding to shift moneys from existing or proposed projects to activities for which grant funding is prohibited under subdivision (g).

(f)Grants shall be awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. Grants shall be limited to any of the following purposes and no other:

(1)Resolve environmental problems through distribution of information.

(2)Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution.

(3)Expand the understanding of a community about the environmental issues that affect their community.

(4)Develop guidance on the relative significance of various environmental risks.

(5)Promote community involvement in the decisionmaking process that affects the environment of the community.

(6)Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information.

(g)(1)The agency shall not award grants for, and grant funding shall not be used for, any of the following:

(A)Other state grant programs.

(B)Lobbying or advocacy activities relating to any federal, state, regional, or local legislative, quasi-legislative, adjudicatory, or quasi-judicial proceeding involving development or adoption of statutes, guidelines, rules, regulations, plans, or any other governmental proposal, or involving decisions concerning siting, permitting, licensing, or any other governmental action.

(C)Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding.

(D)Funding of a lawsuit against any governmental entity.

(E)Funding of a lawsuit against a business or a project owned by a business.

(F)Matching state or federal funding.

(G)Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency.

(2)An organization’s use of funds from a grant awarded under this section to educate a community regarding an environmental justice issue or a governmental process does not preclude that organization from subsequent lobbying or advocacy concerning that same issue or governmental process, as long as the lobbying or advocacy is not funded by a grant awarded under this section.

(h)The agency shall review, evaluate, and select grant recipients, and screen grant applications to ensure that they meet the requirements of this section.

(i)The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000).

(j)For purposes of this section, “environmental justice” has the same meaning as defined in Section 65040.12 of the Government Code.

(k)(1)The Secretary for Environmental Protection may expend up to two million dollars ($2,000,000) per year for the purposes of this section.

(2)(A)Of the amount described in paragraph (1), up to five hundred thousand dollars ($500,000) shall be expended by the Secretary for Environmental Protection for grants to organizations working to address and mitigate the effects of sea level rise in disadvantaged communities impacted by sea level rise.

(B)For purposes of this section, “disadvantaged community” shall have the same meaning as defined in Section 71118.

(l)Boards, departments, and offices within the California Environmental Protection Agency may allocate funds from various special funds, settlements, and penalties to implement this program.

(m)(1)When awarding grants pursuant to this section, the agency shall prioritize the awarding of grant funding to socially disadvantaged organizations.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(3)The agency shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.

(4)The agency shall not penalize a socially disadvantaged organization based upon its experience, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.

(5)For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code.

(6)This subdivision shall only apply to the extent not in conflict with state and federal law.

(7)This subdivision shall be operative only until January 1, 2031.

SEC. 12.SEC. 9.

 Section 6700 of the Water Code is amended to read:

6700.
 (a) (1) The department shall, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program established pursuant to this section. The purpose of the program shall be to provide state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023.
(2) Before disbursing grant funds pursuant to this part, the department shall develop and adopt program guidelines and project solicitation documents. Any guidelines and project solicitation documents developed pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Dam safety and enhancement projects eligible to receive funding under the program include the following:
(1) Dam repairs to allow water storage to full capacity.
(2) New spillway and spillway repair projects at existing dams.
(3) Dam and reservoir seismic retrofit projects.
(4) Enhancement of water supply and downstream flood risk reduction such as implementation of Forecast-Informed Reservoir Operations.
(5) One-time projects to remove sediment resulting from wildfires or extraordinary storm events.
(6) Improvements to dam appurtenances to address dam safety-related deficiencies identified by the department.
(c) Upon appropriation by the Legislature, funds shall be available to the department to provide grants to owners of state jurisdictional dams for dam safety projects that provide the following public benefits, in order of priority:
(1) Protection of public safety.
(2) Restoration of water storage.
(3) Flood risk reduction.
(4) Enhancement of water supply reliability.
(5) Enhancement, protection, or restoration of habitat for fish and wildlife.
(6) Protection of water quality.
(d) The department shall not award any funds under this section for raising dams, increasing reservoir space, or otherwise increasing water impoundment.
(e) A grant cost share of at least 50 percent shall be required for projects funded pursuant to this part. Federal funding and other state loans and grants may be used as grant cost share. The department may waive or reduce the grant cost share if it would cause extreme financial hardship to the grant recipient and the dam poses an unacceptable public safety risk.
(f) (1) When awarding grants pursuant to this section, the department shall prioritize the awarding of grant funding to socially disadvantaged organizations, organizations by awarding additional points equal to 15 percent of the total points available for scoring, as applicable, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(3)

(2) The department shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.

(4)

(3) The department shall not penalize a socially disadvantaged organization based upon its experience, experience or capacity, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.
(4) Grant applications submitted by a socially disadvantaged organization shall include an affidavit executed by each member of its board of directors affirming that the organization meets the requirements of subdivision (e) of Section 1350.5 of the Fish and Game Code.
(5) For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code. has the same definition as in Section 1350.5 of the Fish and Game Code.
(6) This subdivision shall only apply to the extent not in conflict with state and federal law.
(7) This subdivision shall be operative only until January 1, 2031.

SEC. 13.Section 7049 of the Water Code is amended to read:
7049.

(a)Upon an appropriation of funds from the Legislature, the department shall establish a program to implement watershed-based riverine and riparian stewardship improvements by providing technical and financial assistance in support of projects that reduce flood risk, restore and enhance fish populations and habitat, improve water quality, achieve climate change benefits, and in general ensure resilient ecological function within areas that include, but are not limited to, urban or urbanizing areas of the state.

(b)The program shall support the purposes of and be coordinated with the Urban Streams Restoration Program established pursuant to Section 7048, fish passage improvements, and other similar programs to accomplish increased ecological, stream management, climate, and community improvement benefits from state and other funds available for riverine stewardship projects. The department may participate in and support local partnerships, including, but not limited to, in disadvantaged communities, to ensure projects incorporate the best available science, assessment data, and ecologically relevant practices, and address state and local community needs and priorities.

(c)The program shall include all of the following elements:

(1)Support for partnerships with local agencies, nonprofit organizations, resource conservation districts, and community groups to identify multibenefit opportunities, local needs, and watershed restoration or enhancement objectives. Partnerships shall include local community nonprofit organizations and other state agencies as appropriate and to the degree those agencies and organizations are able to participate.

(2)Early engagement by the department. Engagement in conceptualizing and defining the project shall be prioritized over the design, construction, and operation of a completed project.

(3)Assistance in planning the natural resource restoration, landscaping, and infrastructure elements of a project consistent with appropriate local and regional land use and resource recovery plans.

(4)Design assistance to ensure a project will protect or enhance natural river and stream process and function using the best bioengineering and ecological practices while considering low-impact development, energy and water conservation, and community access and use for local recreation, trails, and other purposes.

(5)Evaluation and assessment processes to monitor success in meeting riverine stewardship goals and community needs.

(6)Assistance, as appropriate, with project administration, including, but not limited to, communication among partnership groups, enhancing the capacity of communities to effectively participate, and looking for and managing various funds obtained for the project.

(7)Plans or schedules delineating the work to be completed by the department and each partner.

(d)The department may provide technical assistance for the purposes of this section either directly or otherwise, including, but not limited to, by collaborating with other state agencies, appropriate California State University or University of California programs, or other similar programs, providing educational development and field experience for students in watershed sciences.

(e)Grant funds available for the purposes of Section 7048 or this section may be available for use by the recipient for design, engineering, and other technical assistance for the purposes of the program.

(f)(1)When awarding grants pursuant to this section, the department shall prioritize the awarding of grant funding to socially disadvantaged organizations, to the extent not in conflict with the terms and conditions of a federal grant program.

(2)Eligible grant applications submitted by a socially disadvantaged organization shall be awarded additional points equal to 15 percent of the total points available for scoring.

(3)The department shall not require a socially disadvantaged organization to provide matching funds and shall not penalize a socially disadvantaged organization that does not provide matching funds as part of the grant application.

(4)The department shall not penalize a socially disadvantaged organization based upon its experience, but may consider the cumulative experiences of the socially disadvantaged organization implementing similar projects, including the cumulative experiences of any coapplicant and any listed contractor planning or performing the work.

(5)For purposes of this section, “socially disadvantaged organization” means a nonprofit organization that has, as a majority of its board of directors, members of a socially disadvantaged group, as that term is defined in Section 512 of the Food and Agricultural Code.

(6)This subdivision shall only apply to the extent not in conflict with state and federal law.

(7)This subdivision shall be operative only until January 1, 2031.

SEC. 14.SEC. 10.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.