BILL NUMBER: SB 1390 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2014
INTRODUCED BY Senator Correa
FEBRUARY 21, 2014
An act to add Division 23.6 (commencing with Section
33807) Chapter 4.6 (commencing with Section 31170)
to Division 21 of the Public Resources Code,
relating to the Santa Ana River Conservancy.
Conservancy Program.
LEGISLATIVE COUNSEL'S DIGEST
SB 1390, as amended, Correa. Santa Ana River Conservancy.
Conservancy Program.
Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state.
Existing law establishes the State Coastal Conservancy with
prescribed powers and responsibilities for implementing and
administering various programs intended to preserve, protect, and
restore the state's coastal areas.
This bill would establish the Santa Ana River Conservancy
Program, to be administered by the conservancy, to acquire
specified lands within 1/2 mile , or greater as provided,
on either side of the riverbed of the Santa Ana River and would
prescribe the management, powers, and duties of the conservancy
for purp oses of the program . The bill would also
create the Santa Ana River Conservancy Fund, but would
prohibit the conservancy from implementing the funding authorization
until the Legislature appropriates, from other than General Fund
moneys, or a bond act approved by the voters allocates, the necessary
funds. Program Account in the State Coastal
Conservancy Fund and would authorize the conservancy to expend moneys
in the account, upon appropriation, for land acquisition, capital
improvements, and support of the program's operations.
The bill would require the conservancy, by January 1, 2016, and
annually thereafter, to submit a report to the Governor and the
Legislature on progress made to further the purposes of the
conservancy program .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 23.6 (commencing with
Section 33807) is added to the Public Resources Code, to read:
DIVISION 23.6. SANTA ANA RIVER CONSERVANCY
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
33807.
SECTION 1. Chapter 4.6 (commencing with Section
31170) is added to Division 21 of the Public Resources
Code , to read:
CHAPTER 4.6. SANTA ANA RIVER CONSERVANCY
PROGRAM
Article 1. General Provisions and Definitions
31170. This division chapter
shall be known, and may be cited, as the Santa Ana River
Conservancy Program Act.
33808. 31171. (a) The Santa Ana
River is the largest stream system in southern California, covering
an area of about 2,700 square miles in parts of Orange, San
Bernardino, Riverside, and Los Angeles Counties.
(b) The Santa Ana River region is home to one of the fastest
growing populations in the nation, which is expected to grow from its
current five million residents to ten million residents by 2050.
(c) Not all Orange County residents have equal access to green
space. The communities with the worst access to parks lie along the
river in north Orange County, with low-income levels and high
concentrations of people of color.
(d) Despite vast areas of parkland, many communities in San
Bernardino and Riverside Counties are park poor, with less than three
acres of green space per 1,000 residents. This is particularly true
in the communities that were built out before the development boom of
the past few decades. As more working class families moved to the
area in search of jobs, the population in these older neighborhoods
swelled but public resources for parks and recreation were not
invested proportionally to the growth.
(e) Portions of the Santa Ana River are considered polluted by the
United States Environmental Protection Agency. Pollutants include
lead and copper from discarded vehicle brake pads, and bacteria from
leaking sewers and septic tanks. Pollutants travel the length of the
river, exposing nearby communities to harmful chemicals and toxins.
(f) The Santa Ana River is an extraordinary natural resource of
statewide significance. The river has been subject to intense
development and is in need of restoration, conservation, and
enhancement.
(g) The creation of the Santa Ana River Conservancy Program
will provide the state the necessary structure to plan
restoration and preservation projects and recreation opportunities,
and enhance the overall condition of the Santa Ana River.
33809. 31172. For purposes of this
division chapter , the following terms
have the following meanings:
(a) "Board" means the governing board of the Santa Ana River
Conservancy.
(b)
(a) "Conservancy" means the Santa Ana River
State Coastal Conservancy.
(c) "Conservancy lands" means lands owned by the conservancy.
(d)
(b) "Control" means possession, direct or indirect, of
the power to direct or cause the direction of management and
policies.
(e)
(c) "Nonprofit organization" means a nonprofit public
benefit corporation that is formed pursuant to the Nonprofit
Corporation Law (Division 2 (commencing with Section 5000) of Title 1
of the Corporations Code), qualified to do business in California,
and qualified under Section 501(c)(3) of Title 26 of the United
States Code, and that has among its primary purposes the
preservation, protection, or enhancement of land or water resources
in their natural, scenic, historical, agricultural, forested, or
open-space condition or use.
(d) "Program" means the Santa Ana River Conservancy Program.
(e) "Program lands" means lands owned or managed by the
conservancy as part of the Santa Ana River Conservancy Program.
(f) "Territory" means those lands that are located within one-half
mile , or greater distance pursuant to paragraph (2) of
subdivision (a) of Section 31173, on either side of the
riverbed of the Santa Ana River, or any of its tributaries, from its
headwaters near the San Gorgonio Wilderness Area to the Pacific Ocean
at the Santa Ana River Mouth Beach in Huntington Beach.
CHAPTER 2. THE SANTA ANA RIVER CONSERVANCY
33815. There is in the Resources Agency, the
Article 2. The Santa Ana River Conservancy
Program
31173. The Santa Ana River
Conservancy, which is created as a state agency for the following
Conservancy Program is established pursuant to this
chapter, to be administered by the conservancy, to address the
resource and recreational goals of the Santa Ana River corridor as
identified in this chapter. The program shall have all of
purposes:
(a) (1) To acquire lands that are located
within one-half mile on either side of the riverbed of the Santa Ana
River, to manage conservancy program
lands, and to provide recreational opportunities, open space, trails,
wildlife habitat and species restoration and protection, wetland
restoration and protection, agricultural land restoration and
protection, protection and maintenance of the quality of the waters
in the Santa Ana River for all beneficial uses, lands for educational
uses within the area, and natural floodwater conveyance.
(2) Lands that are located more than one-half mile on either side
of the riverbed of the Santa Ana River may be acquired if the
acquisition is expressly authorized in a written agreement by and
between the conservancy and the local government whose jurisdiction
contains the affected lands.
(b) To provide for the public's enjoyment, and to enhance the
recreational and educational experience on conservancy
program lands in a manner consistent with the
protection of land and natural resources, and economic resources in
the area.
33820. 31174. The conservancy ,
in administering the program, shall do all of the following:
(a) Establish policies and priorities for the conservancy
regarding the Santa Ana River, and conduct necessary
planning activities, in accordance with the purposes set forth in
Section 33815 31173 .
(b) Give priority to river-related projects that create expanded
opportunities for recreation, greening, aesthetic improvement, and
wildlife habitat along the corridor of the river and in parts of the
river channel that can be improved for the purposes set forth in
Section 33815 31173 without infringing
on water quality, water supply, and necessary flood control.
(c) Approve conservancy-funded projects that advance the purposes
set forth in Section 33815 31173 .
(d) Prepare a Santa Ana River Parkway and Open Space Plan, that
shall accomplish, at a minimum, all of the following:
(1) Determine the policies and priorities for conserving the Santa
Ana River and its watershed in accordance with the purposes of the
conservancy program set forth in
Section 33815 31173 .
(2) Identify underused, existing public open spaces and recommend
ways to provide better public use and enjoyment in those areas.
However, the conservancy shall not manage, regulate, or control the
use of any land owned, leased, or otherwise used
owned or leased by another public agency , except as
provided pursuant to a written agreement with that public agency
.
(3) Identify and prioritize additional low-impact recreational and
open-space needs, including additional or upgraded facilities and
parks that may be necessary or desirable.
33825. The board shall consist of 13 voting members appointed as
follows:
(a) Secretary of the Resources Agency, or his or her designee.
(b) Director of Finance, or his or her designee.
(c) One public member appointed by the Governor, from a list
submitted by local, state, and national environmental organizations
that operate within the territory and that have participated in
planning for river restoration, river preservation, open space, or
water quality.
(d) Three public members appointed by the Governor, who have
expertise in economic development, agriculture, or conservation,
wildlife, and natural resources.
(e) One member of the Board of Supervisors of Riverside County
appointed by the majority of the members of that board, or the
general manager of the Riverside County Regional Parks and Open-Space
District.
(f) One member of the Board of Supervisors of San Bernardino
County appointed by the majority of the members of that board, or the
chief of the San Bernardino County Regional Parks Division.
(g) One member of the Board of Supervisors of Orange County
appointed by the majority of the members of that board, or the
director of the Orange County Public Facilities and Resources
Department.
(h) One member of the Santa Ana River Watershed Project Authority,
appointed by the majority of the members of that authority.
(i) One public member appointed by the Senate Committee on Rules.
(j) One public member appointed by the Speaker of the Assembly.
(k) One representative designated by the Governing Councils of the
San Manuel Band of Mission Indians and the Soboba Band of Luiseno
Indians.
33826. (a) The term of each member of the board, except the
Secretary of the Resources Agency, or his or her designee, and the
Director of Finance, or his or her designee, shall be two years, or
until the member's successor is appointed, whichever is longer. A
vacancy shall be filled within 60 days of its occurrence by the
appointing authority.
(b) Notwithstanding subdivision (a), a person shall not continue
as a member of the board if he or she ceases to hold the office that
qualifies him or her to be appointed as a member of the board. The
membership on the board held by the person shall terminate if the
person ceases to hold the qualifying office or membership.
(c) The members of the board shall elect a chairperson, vice
chairperson, and other officers, as necessary, from among the board
members. The board shall determine the terms of those offices.
(d) A member of the board who is not a full-time public employee
shall be compensated at a rate not to exceed one hundred dollars
($100) per regular meeting, not to exceed 12 regular meetings per
year, and shall be reimbursed the actual and necessary expenses
incurred in the performance of his or her duties. A member may waive
compensation.
(e) The conservancy shall employ an executive officer and other
necessary staff, and may enter into a contract for services requiring
knowledge, experience, and ability not possessed by the conservancy
staff. Those contracts shall be subject to board approval.
(f) (1) The board
31175. (a) The conservancy
shall create an advisory group and may create ad hoc panels.
The board conservancy shall determine
the size and composition of membership, candidate qualifications, and
the selection process for an advisory group or ad hoc panel.
(2)
(b) Members of the advisory group or ad hoc panels may
offer advice, expertise, support, or service to the conservancy,
without compensation.
(3) The board
(c) The conservancy
may establish operational guidelines for the advisory group or ad hoc
panels.
(4)
(d) A donation of funds secured through activities of
the advisory group or ad hoc panels shall be deposited in the Santa
Ana River Conservancy Fund Program Account
.
(5)
(e) All reports, statements, or advice issued by the
advisory group or ad hoc panels may be received and filed,
implemented, or rejected by the board
conservancy .
33830. (a) A quorum shall consist of a majority of the members of
the board. All meetings of the board shall be held in accordance
with the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
(b) An action of the board affecting a matter shall be taken by a
majority vote of the membership of the board, a quorum being present.
(c) The board shall adopt rules and procedures necessary to
conduct its business.
(d) The board shall meet to conduct official business of the
conservancy only at locations within the territory.
CHAPTER 3. POWERS AND DUTIES
33840.
Article 3. Powers and Duties
31176. (a) The conservancy shall manage, operate,
administer, and maintain the conservancy
program lands and facilities in accordance with the purposes
set forth in Section 33815 31173 .
(b) The conservancy may adopt regulations governing public use of
conservancy program lands and
facilities and may provide for the enforcement of those regulations.
(c) The conservancy may fix and collect fees for the use of any
land owned or controlled, or for any service provided, by the
conservancy. The amount of the fees may shall
not exceed the reasonable cost of maintaining and operating the
land or providing the services rendered by the conservancy.
33841. 31177. (a) The conservancy
may acquire real property or an interest in real property pursuant to
the Property Acquisition Law (Part 11 (commencing with Section
15850) of Division 3 of Title 2 of the Government Code) within the
territory from willing sellers and at a price that shall not to
exceed fair market value, upon a finding that the acquisition
is consistent with the purposes of the conservancy
program as set forth in Section 33815
31173 . The conservancy may acquire the property itself or
may coordinate the acquisition through other public agencies or
nonprofit organizations that have the authority to acquire property
and that have available funding or land to exchange. The conservancy
may hold a remainder interest in property in those instances in which
an owner desires to sell the property and retain a life estate,
and may create and administer a mitigation land bank
and arrange land exchanges, consistent with the purposes
set forth in Section 33815 31173 . The
overall objective of the land acquisition program
shall be to assist in accomplishing land transactions that are
mutually beneficial to the landowner and the conservancy, and that
meet the conservancy's program's
purposes.
(b) To the extent not in conflict with another law, the
conservancy may exercise the right of first refusal for surplus
public agency property located within the territory for the purposes
of the conservancy program , as set
forth in Section 33815 31173 , subject
to the conditions and provisions of the adopted Santa Ana River
Parkway and Open Space Plan, and Plan. The
program shall conform to all relevant general and specific
plans and zoning regulations of local agencies within the territory.
(c) Prior to entering into an agreement to acquire an interest in
real property, or to lease, rent, sell, exchange, or transfer real
property or an interest therein or an option acquired under this
division chapter , within the territory
for open space or conservation purposes, the conservancy shall
provide 30 days' written notice to the legislative body of the
affected local agency, if that project was not included in
the Santa Ana River Parkway and Open Space Plan.
agency.
(d) The conservancy may apply for grants from any source to be
used for the purposes of this division
chapter . The proceeds of the grants shall be deposited in the
Santa Ana River Conservancy Fund, Program
Account, as specified in Section 33845
31181 .
33842. 31178. (a) The conservancy
shall have, and may exercise, all rights and powers, expressed or
implied, necessary to carry out the purposes of this
division chapter , except as otherwise provided.
(b) The conservancy may shall not
levy a tax.
(c) The conservancy may shall not
regulate land use, except on lands it owns, manages, or controls.
(d) The conservancy does not have the power of eminent domain.
(e) The conservancy shall be subject to all laws, regulations, and
general and specific plans of the legislative body of the local
agency that has jurisdiction in the area in which the conservancy
proposes to take action.
33843. The
31179. For purposes of this chapter, the
conservancy may do all of the following:
(a) Sue and be sued.
(b) Enter into contracts with a public agency, private entity, or
person necessary for the proper discharge of the conservancy's
duties, and enter into a joint powers agreement with a public agency,
in furtherance of the purposes set forth in Section 33815
31173 .
(c) Lease, rent, sell, exchange, or transfer real property or an
interest in real property or an option acquired under this
division chapter to a local public agency, state
agency, federal agency, nonprofit organization, individual, or other
entity pursuant to terms and conditions approved by the conservancy
for management purposes, in accordance with the purposes set forth in
Section 33815 31173 .
(d) Initiate, negotiate, and participate in an agreement for the
management of conservancy program lands
by a local public agency, state agency, federal agency, nonprofit
organization, individual, or other entity, and initiate, negotiate,
and participate in an agreement for the management of land under the
ownership or control of those entities by the conservancy, in
accordance with the purposes set forth in Section 33815
31173 .
(e) Enter into an agreement with a public agency, private entity,
or person necessary for the proper discharge of the conservancy's
duties for the purposes set forth in Section 33815
31173 .
(f) Recruit and coordinate volunteers and experts to conduct
interpretive and recreational programs and assist with construction
projects and the maintenance of parkway facilities. To the extent
feasible, in carrying out the purposes of this division
chapter , the conservancy shall utilize the
services of the California Conservation Corps and Community
Conservation Corps, as defined in Section 14507.5, and if the
California Conservation Corps or Community Conservation Corps are not
available, any other nonprofit organization that the conservancy
determines has relevant and demonstrated capacity and expertise.
(g) Undertake, within conservancy program
lands, site improvement projects, regulate public access, and
revegetate and rehabilitate degraded areas, in consultation with any
other public agency with appropriate jurisdiction and expertise, in
accordance with the purposes set forth in Section 33815
31173 . The conservancy may also, within
conservancy program lands, upgrade
deteriorating facilities and construct new facilities as needed for
outdoor recreation, nature appreciation and interpretation, historic
and cultural preservation, and natural resources protection. The
conservancy may undertake those projects by itself or in conjunction
with another local agency; however, the conservancy shall provide
overall coordination of those projects by setting priorities for the
projects and by ensuring a uniform approach to projects. The
conservancy may undertake those projects after 30 days' written
notice to the legislative body of the local agency that has
jurisdiction in the area in which the conservancy proposes to
undertake that activity.
33844. 31180. (a) The conservancy
may award grants or interest-free loans to local public and state
agencies for purposes of this division
chapter .
(b) The conservancy may award grants to nonprofit organizations
for the acquisition of real property or interests in real property,
within the territory, which shall be subject to all of the following
conditions:
(1) The purchase price of an interest in land acquired by the
nonprofit organization may shall not
exceed fair market value as established by an appraisal approved by
the conservancy.
(2) The conservancy approves the terms under which the interest in
land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may shall not be used as
security for a debt incurred by the nonprofit organization unless the
conservancy approves the transaction.
(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the state.
(5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state
funds, that may be exercised if an essential term or condition of the
grant is violated.
(6) If the existence of the nonprofit organization is terminated,
title to all interests in real property acquired with state funds
shall immediately vest in the state, except that, prior to that
termination, another public agency or nonprofit organization may
receive title to all or a portion of that interest in real property,
by recording its acceptance of title, together with the conservancy's
approval, in writing.
(c) A deed or other instrument of conveyance whereby real property
is acquired by a nonprofit organization pursuant to this section
shall be recorded and shall set forth the executory interest or right
of entry on the part of the state.
33845. 31181. (a) The Santa Ana
River Conservancy Fund Program Account
is hereby created in the State Treasury.
Coastal Conservancy Fund. Moneys in the fund
account shall be available, upon appropriation, for the
purposes of this division. chapter.
(b) The fee revenue and all other revenue received pursuant to
this division chapter shall be
deposited in the fund. account.
(c) The conservancy shall administer funds appropriated to it
for the program and may expend those funds for capital
improvements, land acquisition, or and
support of the conservancy's program's
operations, in accordance with the purposes set forth in Section
33815 31173 . The conservancy may also
accept revenue, money, grants, goods, or services contributed to it
by a public agency, private entity, or person and, upon receipt, may
use the revenue, money, grants, goods, or services for capital
improvements, land acquisitions, or and
support of the conservancy's program's
operations, in accordance with the purposes set forth in Section
33815 31173 .
33846. 31182. (a) On or before
January 1, 2016, and, notwithstanding Section 10231.5 of the
Government Code, on or before January 1 annually thereafter, the
conservancy shall submit a report to the Governor and the Legislature
on progress made to further the purposes of this division
chapter . The report shall include, but is not
limited to, a list of projects undertaken, grants and loans acquired
and awarded, a schedule of prioritized projects for the next year,
and identification of future funding sources.
(b) A report submitted to the Legislature pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.
33847. (a) The conservancy may not implement Section 33845 until
the Legislature appropriates funds necessary to implement this
division, or until a bond act approved by the voters of this state
includes an allocation of funds for the purposes of this division.
(b) The Legislature shall not appropriate General Fund moneys to
implement this division.
____ CORRECTIONS Text--Page 4.
____