BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1390| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 1390 Page 2 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: CONTINUED SB 1390 Page 3 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 CONTINUED SB 1390 Page 4 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. CONTINUED SB 1390 Page 5 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 CONTINUED SB 1390 Page 6 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. CONTINUED SB 1390 Page 7 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. CONTINUED SB 1390 Page 8 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 **** END **** CONTINUED