BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       SB 1390|
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                                 UNFINISHED BUSINESS


          Bill No:  SB 1390
          Author:   Correa (D)
          Amended:  8/21/14
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMMITTEE  :  9-0, 4/22/14
          AYES:  Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,  
            Monning, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 5/23/14
          AYES:  De León, Gaines, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters

           SENATE FLOOR  :  30-2, 5/27/14
          AYES:  Anderson, Beall, Berryhill, Block, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,  
            Hancock, Hernandez, Hill, Hueso, Jackson, Knight, Lara, Leno,  
            Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Torres,  
            Wolk, Wyland
          NOES:  Nielsen, Vidak
          NO VOTE RECORDED:  Calderon, Huff, Lieu, Liu, Morrell, Walters,  
            Wright, Yee

           ASSEMBLY FLOOR  :  Not available 


           SUBJECT  :    Santa Ana River Conservancy Program

           SOURCE  :     Author


           DIGEST  :    This bill establishes the Santa Ana River Conservancy  
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          Program (Program) within the State Coastal Conservancy  
          (Conservancy) to address the resource and recreational goals of  
          the Santa Ana River corridor.  This bill requires SCC to prepare  
          a Santa Ana River Parkway and Open Space Plan as specified.

           Assembly Amendments  revise and recast the bill with similar  
          intent as it left the Senate; authorize the Conservancy to  
          acquire interests and options in real property instead of to  
          acquire specified lands within 1/2 mile on either side of the  
          riverbed of the Santa Ana River; address the resource and  
          recreational goals of the Santa Ana River region; provide that  
          the specified advisory group may be comprised of members of the  
          environmental community, local government, local agencies, and  
          public and private representatives, as specified; and make other  
          conforming and technical changes. 

           ANALYSIS  :    Existing law establishes the 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:

           1. Provides that 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 and enjoyment, and enhancement of  
               recreational and educational experience on Program lands in  
               a manner consistent with the protection of land and natural  
               resources, and economic resources in the area.
          
           1. Requires, in administering the Program, the Conservancy to  
             do all of the following:


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             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:

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

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

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

             A.   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.

             B.   Implement the Program in conformance with all related  
               general and specific plans and zoning regulations of local  
               agencies within the Santa Ana River region.

             C.   Provide for Program lands and facilities to be operated  
               and maintained in accordance the purpose of this chapter.

           1. Provides that, in carrying out the purposes of this bill,  
             and without limiting the express or implied powers of the  
             Conservancy in implementing other provisions of this bill,  
             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.   Acquire interests and options in real property and make  
               acquisition grants for these purposes.  With respect to  
               real property acquisitions by the Conservancy of watersheds  

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               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.

             C.   Lease, rent, sell, exchange, or transfer interests in  
               real property.

             D.   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.  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 for use in  
               furthering the Program.


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             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.

           1. Provides that 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.

           2. Provides that the Conservancy shall not do of the following:

             A.   Exercise the power of eminent domain.

             B.   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.

             C.   Levy a tax.

             D.   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.

             E.   Act to affect any water right or water-resource facility  
               in the Santa Ana River region without the consent of the  
               affected party.

           1. Creates the Santa Ana River Conservancy Program Account  
             (Account) in the State Coastal Conservancy Fund.  Monies in  
             the Account shall accrue interest and be available, upon  
             appropriation, for the purposes of this bill.

           2. Requires all revenue, including fee revenue received, shall  
             be deposited in the Account.

           3. Requires the Conservancy to administer funds appropriated to  
             it for the Program and may expend those funds for capital  
             improvements, land acquisition, and support of the Program's  

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             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.

           Background
           
          California has created a diverse assemblage of state  
          conservancies ranging from the very large (Coastal, Sierra  
          Nevada, and Santa Monica Mountains) to smaller conservancies  
          such as the Baldwin Hills Conservancy and the San Diego River  
          Conservancy.  The other conservancies include the Coachella  
          Valley Mountains Conservancy, Tahoe Conservancy, Sacramento San  
          Joaquin Delta Conservancy, San Gabriel and Lower Los Angeles  
          Rivers and Mountains Conservancy, and the San Joaquin River  
          Conservancy (which deals with 22 miles of that river.)  These  
          conservancies have different missions, but common themes are to  
          enhance and restore important habitat lands, provide for public  
          recreation, educational opportunities, and undertake watershed  
          restoration activities. Conservancies frequently enter into  
          voluntary real estate transactions with landowners, and leverage  
          their investments with other public agencies on lands either  
          owned outright by the Conservancy or on which easements are  
          purchased. 

          Except as noted below, all conservancies have a board of  
          directors, usually with representatives of specifically  
          designated interests of the State of California.  Typically,  
          these slots are for the Resources Agency, Finance, or another  
          state agency.  In addition, for most conservancies, the governor  
          names public voting members who, together with the designated  
          officials, comprise a majority.  It has long been the policy of  
          the state to have a voting majority of each Conservancy board  
          comprised of statewide appointees.  A minority of each board is  
          typically comprised of local elected officials, special district  
          representatives, nonprofit organizations, and legislative  
          representatives appointed by the Speaker and Senate Rules.   
          There are often additional legislative ex officio members. 

          All but one Conservancy has its own board of directors and  
          staff.  That exception is the San Francisco Bay Conservancy  
          which is housed within the Coastal Conservancy. 


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           Comments
           
          According to the author's office, the Santa Ana River is an  
          extraordinary natural resource of statewide significance.   
          Additionally, many communities in that watershed have poor  
          access to park space and the Santa Ana River faces a number of  
          water management issues.  The watershed has been subject to  
          intense development and is in need of restoration, conservation,  
          and enhancement. 

          The Santa Ana River is the focal point of Southern California's  
          largest watershed, covering approximately 2.600 miles.  It is  
          contained in portions of Orange, San Bernardino, and Riverside  
          Counties.  The upland reach of the watershed including many  
          tributaries of the Santa Ana River contain important wildlife  
          habitat.  Much of the Santa Ana River itself is an important  
          public recreation option. 

          In 1969, the Army Corps of Engineers began installing concrete  
          lining in the Santa Ana River to channel as part of a flood  
          control project.  Supporters of a new Conservancy argue that  
          consideration should be given to restoring the natural function  
          of the Santa Ana River.  Coordination of that effort will  
          require cooperation among numerous state and local and federal  
          partners, which they believe could be provided by the  
          Conservancy. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


           One-time costs of up to $100,000 from the Proposition 84  
            (General Fund) to the Conservancy to develop a Santa Ana River  
            Parkway and Open Space Plan.


           Ongoing cost pressures in the millions of dollars to existing  
            and future bond and General Fund monies for projects under the  
            Program.



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           SUPPORT  :   (Verified  8/26/14)

          Amigos de Bolsa Chica
          California Conservation Corps
          California Watershed Network
          Endangered Habitats League
          Friends of Harbors, Beaches, and Parks
          Nature Conservancy
          Orange County Conservation Corps
          Tri County Conservation League
          Trust for Public Land
          Wildlands Conservancy

           OPPOSITION  :    (Verified  8/26/14)

          City of Highland
          Department of Finance


          RM:nl:d  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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