Amended in Assembly July 2, 2014

Amended in Assembly June 12, 2014

Amended in Senate April 29, 2014

Senate Bill No. 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, to address the resource and recreational goals of the Santa Ana River region. The bill would authorize the conservancy to acquire interests and options in real property 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.

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.

The bill would require the conservancy to include information about the program in this report.

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.  

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

 

31170.  

The Santa Ana River Conservancy Program is hereby
established, to be administered by the conservancy, to address the
resource and recreational goals of the Santa Ana River region, as
provided in this chapter.

31171.  

The Legislature finds and declares all of the following:

(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 in the region, 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.

begin delete

(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.

end delete begin delete

(f)

end delete

begin insert (e) end insert  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.

begin delete

(g)

end delete

begin insert (f) end insert  The establishment of the Santa Ana River Conservancy
Program will provide the state with the necessary structure to plan
and implement restoration and preservation projects and recreation
opportunities, and enhance the overall condition of the Santa Ana
River.

31172.  

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

(a) “Program” means the Santa Ana River Conservancy
Program.

(b) “Program lands” means interests in real property acquired,
managed, or subject to a project under this chapter.

(c) “Santa Ana River region” means those lands that are located
within one-half mile 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 and adjacent
watersheds and lands as described in paragraph (2) of subdivision
(a) of Section 31175.

31173.  

The conservancy may undertake projects and award
grants and loans to public agencies and nonprofit organizations to
help achieve all of the following goals of the program:

(a)  Recreational opportunities, open space, trails, wildlife
habitat and species restoration, enhancement, 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, related
educational use, and natural floodwater conveyance.

(b) Public access begin delete and enjoyment, end delete begin insert to, enjoyment of, end insert and
enhancement of recreational and educational experience begin delete on end delete begin insert on, end insert
program lands in a manner consistent with the protection of land
and natural resources begin delete , end delete and economic resources in the area.

31174.  

In administering the program, the conservancy shall,
consistent with the purposes of this chapter, do all of the following:

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

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

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

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

(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.

(c) 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 without infringing on water
quality, water supply, and necessary flood control.

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

(e) Provide for program lands and facilities to be operated and
maintained in accordance the begin delete purpose end delete begin insert purposes end insert of this chapter.

31175.  

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

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

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

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

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

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

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

(e) Provide for the management of program lands.

(f) 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 shall not exceed the reasonable cost of
maintaining and operating the land or providing the services
rendered by the conservancy.

(g) The conservancy may apply for and accept grants, gifts,
donations of money and property, subventions, rents, royalties,
and other assistance from public and private sources. These funds
shall be deposited in the Santa Ana River Conservancy Program
Account, as specified in Section begin delete 31178 end delete begin insert 31179 end insert , for use in furthering
the program.

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

(i) Enter into contracts and joint powers agreements.

(j) Sue and be sued.

begin insert

begin insert 31176. end insert   

(a) The conservancy shall, as necessary and
appropriate, cooperate and consult with a public water system
before the conservancy acquires an interest in real property, or
awards a grant, that affects facilities and appurtenant land owned
or operated by the public water system.

(b) The conservancy shall, as necessary and appropriate,
cooperate and consult with the department before the conservancy
acquires an interest in real property, or awards a grant, that affects
facilities and appurtenant land owned or operated by the
department.

end insert

begin delete 31176. end delete
begin insert 31177. end insert   

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

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

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

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

(3) Levy a tax.

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

(5) Act to affect any water right or water-resource facility begin insert ,
including any publicly owned water treatment works, end insert in the Santa
Ana River region begin insert and watershed end insert without the consent of the affected
party.

begin delete 31177. end delete
begin insert 31178. end insert   

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

begin delete 31178. end delete
begin insert 31179. end insert   

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

(b) All revenue, including fee revenue received pursuant to this
chapter, shall be deposited in the account.

(c) The conservancy shall administer funds appropriated to it
for the program and may expend those funds for capital
improvements, land acquisition, and support of the program’s
operations. The conservancy may also accept money, grants, goods,
or services contributed to it by a public agency, private entity, or
person and, upon receipt, may use the money, grants, goods, or
services for capital improvements, land acquisitions, and support
of the program’s operations for purposes of this chapter.

begin delete 31179. end delete
begin insert 31180. end insert   

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