Amended in Assembly June 12, 2014

Amended in Senate April 29, 2014

Senate BillNo. 1390


Introduced by Senator Correa

February 21, 2014


An act to add Chapter 4.6 (commencing with Section 31170) to Division 21 of the Public Resources Code, relating to the Santa Ana River Conservancy Program.

LEGISLATIVE COUNSEL’S DIGEST

SB 1390, as amended, Correa. Santa Ana River Conservancy Program.

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,begin insert to address the resource and recreational goals of the Santa Ana River region. The bill would authorize the conservancyend insert to acquirebegin delete specified lands withinend deletebegin delete 12end deletebegin delete mile, or greater as provided, on either side of the riverbed of the Santa Ana Riverend deletebegin insert interests and options in real propertyend insert and would prescribe the management, powers, and duties of the conservancy for purposes of the program. The bill would also create the Santa Ana River Conservancy 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.

begin insert

Existing law requires the conservancy, every 3 years, to prepare and submit to the Governor and to the Legislature a report describing progress that it made in achieving coastal conservancy objectives.

end insert

The bill would require thebegin delete conservancy, by January 1, 2016, and annually thereafter,end deletebegin insert conservancyend insert tobegin delete submit aend deletebegin insert include information about the program in thisend insert reportbegin delete to the Governor and the Legislature on progress made to further the purposes of the programend delete.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Chapter 4.6 (commencing with Section 31170)
2is added to Division 21 of the Public Resources Code, to read:

3 

4Chapter  4.6. Santa Ana River Conservancy Program
5
6begin delete

6 

7Article 1.  General Provisions and Definitions
8
15

 

end delete
9

31170.  

begin deleteThis chapter shall be known, and may be cited, as the end delete
10begin insertTheend insertbegin insert end insertSanta Ana River Conservancy Programbegin delete Actend deletebegin insert is hereby
11established, to be administered by the conservancy, to address the
12resource and recreational goals of the Santa Ana River region, as
13provided in this chapterend insert
.

14

31171.  

begin delete(a)end deletebegin deleteend deletebegin insertThe Legislature finds and declares all of the
15following:end insert

16begin insert(a)end insertbegin insertend insert The Santa Ana River is the largest stream system in southern
17California, covering an area of about 2,700 square miles in parts
18of Orange, San Bernardino, Riverside, and Los Angeles Counties.

19(b) The Santa Ana River region is home to one of the fastest
20growing populations in the nation, which is expected to grow from
21its current five million residents to ten million residents by 2050.

22(c) Not all Orange County residents have equal access to green
23space. The communities with the worst access to parks lie along
24the river in north Orange County, with low-income levels and high
25concentrations of people of color.

26(d) Despite vast areas of parklandbegin insert in the regionend insert, many
27communities in San Bernardino and Riverside Counties are park
28poor, with less than three acres of green space per 1,000 residents.
P3    1This is particularly true in the communities that were built out
2before the development boom of the past few decades. As more
3working class families moved to the area in search of jobs, the
4population in these older neighborhoods swelled but public
5resources for parks and recreation were not invested proportionally
6to the growth.

7(e) Portions of the Santa Ana River are considered polluted by
8the United States Environmental Protection Agency. Pollutants
9include lead and copper from discarded vehicle brake pads, and
10bacteria from leaking sewers and septic tanks. Pollutants travel
11the length of the river, exposing nearby communities to harmful
12chemicals and toxins.

13(f) The Santa Ana River is an extraordinary natural resource of
14statewide significance. The river has been subject to intense
15development and is in need of restoration, conservation, and
16enhancement.

17(g) Thebegin delete creationend deletebegin insert establishmentend insert of the Santa Ana River
18Conservancy Program will provide the statebegin insert withend insert the necessary
19structure to planbegin insert and implementend insert restoration and preservation
20projects and recreation opportunities, and enhance the overall
21condition of the Santa Ana River.

22

31172.  

For purposes of this chapter, the following terms have
23the following meanings:

begin delete

24(a) “Conservancy” means the State Coastal Conservancy.

25(b) “Control” means possession, direct or indirect, of the power
26to direct or cause the direction of management and policies.

27(c) “Nonprofit organization” means a nonprofit public benefit
28corporation that is formed pursuant to the Nonprofit Corporation
29Law (Division 2 (commencing with Section 5000) of Title 1 of
30the Corporations Code), qualified to do business in California, and
31qualified under Section 501(c)(3) of Title 26 of the United States
32Code, and that has among its primary purposes the preservation,
33protection, or enhancement of land or water resources in their
34natural, scenic, historical, agricultural, forested, or open-space
35condition or use.

36(d)

end delete

37begin insert(a)end insert “Program” means the Santa Ana River Conservancy
38Program.

begin delete

39(e)

end delete

P4    1begin insert(b)end insert “Program lands” meansbegin delete lands owned or managed by the
2conservancy as part of the Santa Ana River Conservancy Programend delete

3begin insert interests in real property acquired, managed, or subject to a project
4under this chapterend insert
.

begin delete

5(f)

end delete

6begin insert(c)end insertbegin delete“Territory” end deletebegin insert“Santa Ana River regionend insertbegin insertend insert means those lands
7that are located within one-half milebegin delete, or greater distance pursuant
8to paragraph (2) of subdivision (a) of Section 31173,end delete
on either side
9of the riverbed of the Santa Ana River, or any of its tributaries,
10from its headwaters near the San Gorgonio Wilderness Area to the
11Pacific Ocean at the Santa Ana River Mouth Beach in Huntington
12Beachbegin insert and adjacent watersheds and lands as described in
13paragraph (2) of subdivision (a) of Section 31175end insert
.

begin delete

14 

15Article 2.  The Santa Ana River Conservancy Program
16
21

 

end delete
17

31173.  

begin deleteThe Santa Ana River Conservancy Program is
18established pursuant to this chapter, to be administered by the
19conservancy, to address the resource and recreational goals of the
20Santa Ana River corridor as identified in this chapter. The program
21shall have all of purposes: end delete
begin insertThe conservancy may undertake projects end insert
22begin insertand award grants and loans to public agencies and nonprofit
23organizations to help achieve all of the following goals of the
24program:end insert

25(a) begin delete(1)end deletebegin deleteend deletebegin deleteTo acquire lands that are located within one-half mile
26on either side of the riverbed of the Santa Ana River, to manage
27program lands, and to provide recreationalend delete
begin insert Recreationalend insert
28 opportunities, open space, trails, wildlife habitat and species
29restorationbegin insert, enhancement,end insert and protection, wetland restoration and
30protection, agricultural land restoration and protection, protection
31and maintenance of the quality of the waters in the Santa Ana River
32for all beneficial uses,begin delete lands forend deletebegin insert relatedend insert educationalbegin delete uses within
33the areaend delete
begin insert useend insert, and natural floodwater conveyance.

begin delete

34(2) Lands that are located more than one-half mile on either
35side of the riverbed of the Santa Ana River may be acquired if the
36acquisition is expressly authorized in a written agreement by and
37between the conservancy and the local government whose
38jurisdiction contains the affected lands.

end delete

39(b) begin deleteTo provide for the public’s enjoyment, and to enhance the end delete
40begin insertPublic access and enjoyment, and enhancement of end insert recreational
P5    1and educational experience on program lands in a manner
2consistent with the protection of land and natural resources, and
3economic resources in the area.

4

31174.  

begin deleteThe conservancy, in end deletebegin insertInend insertbegin insert end insertadministering the program,begin insert the
5conservancyend insert
shallbegin insert, consistent with the purposes of this chapter,end insert do
6all of the following:

begin delete

7(a) Establish policies and priorities regarding the Santa Ana
8River, and conduct necessary planning activities, in accordance
9with the purposes set forth in Section 31173.

end delete
begin insert

10(a) Create an advisory group to offer advice, expertise, support,
11or service to the conservancy, without compensation.

end insert
begin insert

12(b) Prepare a Santa Ana River Parkway and Open Space Plan
13that shall, at minimum, do all of the following:

end insert
begin insert

14(1) Determine the policies and priorities for conserving the
15Santa Ana River and its watershed.

end insert
begin insert

16(2) Identify underused, existing public open spaces and
17recommend ways to provide better public use and enjoyment in
18 those areas.

end insert
begin insert

19(3) Identify and prioritize additional low-impact recreational
20and open-space needs, including additional or upgraded facilities
21and parks that may be necessary or desirable.

end insert
begin delete

22(b)

end delete

23begin insert(c)end insert Give priority to river-related projects that create expanded
24opportunities for recreation, greening, aesthetic improvement, and
25wildlife habitat along the corridor of the river and in parts of the
26river channel that can be improvedbegin delete for the purposes set forth in
27Section 31173end delete
without infringing on water quality, water supply,
28and necessary flood control.

begin delete

29(c) Approve conservancy-funded projects that advance the
30purposes set forth in Section 31173.

31(d) Prepare a Santa Ana River Parkway and Open Space Plan,
32that shall accomplish, at a minimum, all of the following:

33(1) Determine the policies and priorities for conserving the Santa
34Ana River and its watershed in accordance with the purposes of
35the program set forth in Section 31173.

36(2) Identify underused, existing public open spaces and
37recommend ways to provide better public use and enjoyment in
38those areas. However, the conservancy shall not manage, regulate,
39or control the use of any land owned or leased by another public
P6    1agency, except as provided pursuant to a written agreement with
2that public agency.

3(3) Identify and prioritize additional low-impact recreational
4and open-space needs, including additional or upgraded facilities
5and parks that may be necessary or desirable.

end delete
begin insert

6(d) Implement the program in conformance with all related
7general and specific plans and zoning regulations of local agencies
8within the Santa Ana River region.

end insert
begin insert

9(e) Provide for program lands and facilities to be operated and
10maintained in accordance the purpose of this chapter.

end insert
begin delete
11

31175.  

(a) The conservancy shall create an advisory group
12and may create ad hoc panels. The conservancy shall determine
13the size and composition of membership, candidate qualifications,
14and the selection process for an advisory group or ad hoc panel.

15(b) Members of the advisory group or ad hoc panels may offer
16advice, expertise, support, or service to the conservancy, without
17compensation.

18(c) The conservancy may establish operational guidelines for
19the advisory group or ad hoc panels.

20(d) A donation of funds secured through activities of the
21 advisory group or ad hoc panels shall be deposited in the Santa
22Ana River Conservancy Program Account.

23(e) All reports, statements, or advice issued by the advisory
24group or ad hoc panels may be received and filed, implemented,
25or rejected by the conservancy.


26
27

26 

27Article 3.  Powers and Duties
28
14

 

29

31176.  

(a) The conservancy shall manage, operate, administer,
30and maintain the program lands and facilities in accordance with
31the purposes set forth in Section 31173.

32(b) The conservancy may adopt regulations governing public
33use of program lands and facilities and may provide for the
34enforcement of those regulations.

35(c) The conservancy may fix and collect fees for the use of any
36land owned or controlled, or for any service provided, by the
37conservancy. The amount of the fees shall not exceed the
38reasonable cost of maintaining and operating the land or providing
39the services rendered by the conservancy.

P7    1

31177.  

(a) The conservancy may acquire real property or an
2interest in real property pursuant to the Property Acquisition Law
3(Part 11 (commencing with Section 15850) of Division 3 of Title
42 of the Government Code) within the territory from willing sellers
5and at a price that shall not to exceed fair market value, upon a
6finding that the acquisition is consistent with the purposes of the
7 program as set forth in Section 31173. The conservancy may
8acquire the property itself or may coordinate the acquisition
9through other public agencies or nonprofit organizations that have
10the authority to acquire property and that have available funding
11or land to exchange. The conservancy may hold a remainder
12interest in property in those instances in which an owner desires
13to sell the property and retain a life estate, and arrange land
14exchanges, consistent with the purposes set forth in Section 31173.
15The overall objective of the land acquisition shall be to assist in
16accomplishing land transactions that are mutually beneficial to the
17landowner and the conservancy, and that meet the program’s
18purposes.

19(b) To the extent not in conflict with another law, the
20conservancy may exercise the right of first refusal for surplus
21public agency property located within the territory for the purposes
22of the program, as set forth in Section 31173, subject to the
23conditions and provisions of the adopted Santa Ana River Parkway
24and Open Space Plan. The program shall conform to all relevant
25general and specific plans and zoning regulations of local agencies
26within the territory.

27(c) Prior to entering into an agreement to acquire an interest in
28real property, or to lease, rent, sell, exchange, or transfer real
29property or an interest therein or an option acquired under this
30chapter, within the territory for open space or conservation
31purposes, the conservancy shall provide 30 days’ written notice
32to the legislative body of the affected local agency.

33(d) The conservancy may apply for grants from any source to
34be used for the purposes of this chapter. The proceeds of the grants
35shall be deposited in the Santa Ana River Conservancy Program
36Account, as specified in Section 31181.

37

31178.  

(a) The conservancy shall have, and may exercise, all
38rights and powers, expressed or implied, necessary to carry out
39the purposes of this chapter, except as otherwise provided.

40(b) The conservancy shall not levy a tax.

P8    1(c) The conservancy shall not regulate land use, except on lands
2it owns, manages, or controls.

3(d) The conservancy does not have the power of eminent
4domain.

5(e) The conservancy shall be subject to all laws, regulations,
6and general and specific plans of the legislative body of the local
7agency that has jurisdiction in the area in which the conservancy
8proposes to take action.

9

31179.  

For purposes of this chapter, the conservancy may do
10all of the following:

11(a) Sue and be sued.

12(b) Enter into contracts with a public agency, private entity, or
13person necessary for the proper discharge of the conservancy’s
14duties, and enter into a joint powers agreement with a public
15agency, in furtherance of the purposes set forth in Section 31173.

16(c) Lease, rent, sell, exchange, or transfer real property or an
17interest in real property or an option acquired under this chapter
18to a local public agency, state agency, federal agency, nonprofit
19organization, individual, or other entity pursuant to terms and
20conditions approved by the conservancy for management purposes,
21in accordance with the purposes set forth in Section 31173.

22(d) Initiate, negotiate, and participate in an agreement for the
23management of program lands by a local public agency, state
24agency, federal agency, nonprofit organization, individual, or other
25entity, and initiate, negotiate, and participate in an agreement for
26the management of land under the ownership or control of those
27entities by the conservancy, in accordance with the purposes set
28forth in Section 31173.

29(e) Enter into an agreement with a public agency, private entity,
30or person necessary for the proper discharge of the conservancy’s
31duties for the purposes set forth in Section 31173.

32(f) Recruit and coordinate volunteers and experts to conduct
33interpretive and recreational programs and assist with construction
34projects and the maintenance of parkway facilities. To the extent
35feasible, in carrying out the purposes of this chapter, the
36conservancy shall utilize the services of the California Conservation
37Corps and Community Conservation Corps, as defined in Section
3814507.5, and if the California Conservation Corps or Community
39Conservation Corps are not available, any other nonprofit
P9    1organization that the conservancy determines has relevant and
2demonstrated capacity and expertise.

3(g) Undertake, within program lands, site improvement projects,
4regulate public access, and revegetate and rehabilitate degraded
5areas, in consultation with any other public agency with appropriate
6jurisdiction and expertise, in accordance with the purposes set
7forth in Section 31173. The conservancy may also, within program
8lands, upgrade deteriorating facilities and construct new facilities
9as needed for outdoor recreation, nature appreciation and
10interpretation, historic and cultural preservation, and natural
11resources protection. The conservancy may undertake those
12projects by itself or in conjunction with another local agency;
13however, the conservancy shall provide overall coordination of
14those projects by setting priorities for the projects and by ensuring
15a uniform approach to projects. The conservancy may undertake
16those projects after 30 days’ written notice to the legislative body
17of the local agency that has jurisdiction in the area in which the
18conservancy proposes to undertake that activity.

19

31180.  

(a) The conservancy may award grants or interest-free
20loans to local public and state agencies for purposes of this chapter.

21(b) The conservancy may award grants to nonprofit
22organizations for the acquisition of real property or interests in
23real property, within the territory, which shall be subject to all of
24the following conditions:

25(1) The purchase price of an interest in land acquired by the
26nonprofit organization shall not exceed fair market value as
27established by an appraisal approved by the conservancy.

28(2) The conservancy approves the terms under which the interest
29in land is acquired.

30(3) The interest in land acquired pursuant to a grant from the
31conservancy shall not be used as security for a debt incurred by
32the nonprofit organization unless the conservancy approves the
33transaction.

34(4) The transfer of land acquired pursuant to a grant shall be
35subject to the approval of the conservancy and the execution of an
36agreement between the conservancy and the transferee sufficient
37to protect the interests of the state.

38(5) The state shall have a right of entry and power of termination
39in and over all interests in real property acquired with state funds,
P10   1that may be exercised if an essential term or condition of the grant
2is violated.

3(6) If the existence of the nonprofit organization is terminated,
4title to all interests in real property acquired with state funds shall
5immediately vest in the state, except that, prior to that termination,
6another public agency or nonprofit organization may receive title
7to all or a portion of that interest in real property, by recording its
8acceptance of title, together with the conservancy’s approval, in
9writing.

10(c) A deed or other instrument of conveyance whereby real
11property is acquired by a nonprofit organization pursuant to this
12section shall be recorded and shall set forth the executory interest
13or right of entry on the part of the state.

end delete
begin insert
14

begin insert31175.end insert  

In carrying out the purposes of this chapter, and without
15limiting the express or implied powers of the conservancy in
16implementing other provisions of this division, the conservancy
17shall have, and may exercise, all necessary rights and powers,
18expressed or implied, except as otherwise provided in this chapter.
19Without limitation, the conservancy may do all of the following:

20(a) (1) Acquire interests and options in real property and make
21acquisition grants for these purposes.

22(2) With respect to real property acquisitions by the conservancy
23of watersheds and lands that are within the Santa Ana River region
24but not within one-half mile on either side of the riverbed of the
25 Santa Ana River, the conservancy shall provide to the city or county
26with geographic jurisdiction over the affected real property 30
27days’ written notice of the conservancy’s intent, unless the city or
28county agrees to accept less notice in a given case.

29(b) Exercise a right of first refusal, to the extent not in conflict
30with another law, for surplus public agency property located within
31the Santa Ana River region, consistent with the Santa Ana River
32Parkway and Open Space Plan, adopted pursuant to subdivision
33(b) of Section 31174.

34(c) Lease, rent, sell, exchange, or transfer interests in real
35property.

36(d) (1) Undertake or fund projects to implement site
37improvements, upgrade deteriorating facilities or construct new
38facilities for outdoor recreation, public access, nature appreciation
39and interpretation; historic and cultural preservation; or
P11   1protection, restoration, or enhancement of natural resources and
2habitat.

3(2) If the conservancy intends to undertake a project directly,
4the conservancy shall provide 30 days’ written notice to the city
5or county with geographic jurisdiction over the affected real
6property, unless the city or county agrees to accept less notice in
7a given case.

8(e) Provide for the management of program lands.

9(f) Fix and collect fees for the use of any land owned or
10controlled, or for any service provided, by the conservancy. The
11amount of the fees shall not exceed the reasonable cost of
12maintaining and operating the land or providing the services
13rendered by the conservancy.

14(g) The conservancy may apply for and accept grants, gifts,
15donations of money and property, subventions, rents, royalties,
16and other assistance from public and private sources. These funds
17shall be deposited in the Santa Ana River Conservancy Program
18Account, as specified in Section 31178, for use in furthering the
19program.

20(h) Recruit and coordinate volunteers and experts to conduct
21interpretive and recreational programs, and assist with
22construction projects and the maintenance of facilities.

23(i) Enter into contracts and joint powers agreements.

24(j) Sue and be sued.

end insert
begin insert
25

begin insert31176.end insert  

(a) Notwithstanding Section 31175, the conservancy
26is subject to all laws, regulations, and general and specific plans
27of the legislative body of the city or county with geographic
28jurisdiction over the area in which the conservancy proposes to
29take an action.

30(b) Notwithstanding Section 31175, the conservancy shall not
31do any of the following:

32(1) Exercise the power of eminent domain in implementing this
33chapter.

34(2) Manage, regulate, or control the use of any land owned or
35leased by another public agency, except as provided pursuant to
36a written agreement with that public agency.

37(3) Levy a tax.

38(4) Take an action that interferes, conflicts with, impedes,
39adversely impacts or prevents the planning and implementation
40of transportation projects and programs contained in the regional
P12   1transportation plan, approved and maintained, from time to time,
2by the Southern California Association of Governments.

3(5) Act to affect any water right or water-resource facility in
4the Santa Ana River region without the consent of the affected
5party.

end insert
begin insert
6

begin insert31177.end insert  

To the extent feasible, in carrying out the purposes of
7this chapter, the conservancy shall utilize the services of the
8California Conservation Corps and Community Conservation
9Corps, as defined in Section 14507.5.

end insert
10

begin delete31181.end delete
11begin insert 31178.end insert  

(a) The Santa Ana River Conservancy Program
12Account is hereby created in the State Coastal Conservancy Fund.
13Moneys in the account shallbegin insert accrue interest andend insert be available, upon
14appropriation, for the purposes of this chapter.

15(b) begin deleteThe fee end deletebegin insertAll end insertrevenuebegin delete and all otherend deletebegin insert, including feeend insert revenue
16received pursuant to this chapterbegin insert,end insert shall be deposited in the account.

17(c) The conservancy shall administer funds appropriated to it
18for the program and may expend those funds for capital
19improvements, land acquisition, and support of the program’s
20begin delete operations, in accordance with the purposes set forth in Section
2131173end delete
begin insert operationsend insert. The conservancy may also acceptbegin delete revenue,end delete
22 money, grants, goods, or services contributed to it by a public
23agency, private entity, or person and, upon receipt, may use the
24begin delete revenue,end delete money, grants, goods, or services for capital
25improvements, land acquisitions, and support of the program’s
26operationsbegin delete, in accordance with the purposes set forth in Section
2731173end delete
begin insert for purposes of this chapterend insert.

begin delete
28

31182.  

(a) On or before January 1, 2016, and, notwithstanding
29Section 10231.5 of the Government Code, on or before January 1
30annually thereafter, the conservancy shall submit a report to the
31Governor and the Legislature on progress made to further the
32purposes of this chapter. The report shall include, but is not limited
33to, a list of projects undertaken, grants and loans acquired and
34awarded, a schedule of prioritized projects for the next year, and
35identification of future funding sources.

36(b) A report submitted to the Legislature pursuant to subdivision
37(a) shall be submitted in compliance with Section 9795 of the
38Government Code.

end delete
begin insert
P13   1

begin insert31179.end insert  

The conservancy shall include information about the
2program in its report to the Governor and Legislature pursuant
3to Section 31108.

end insert


O

    97