BILL ANALYSIS Ó
AB 392
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Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 392
(Atkins) - As Introduced February 18, 2015
SUBJECT: San Diego River Conservancy
SUMMARY: Eliminates the 2020 sunset date for the San Diego River
Conservancy (SDRC).
EXISTING LAW:
1)Established the SDRC in 2002 in the Natural Resources Agency
(NRA) and authorizes the SDRC to acquire and accept donations
of land or interests in land that are located within one-half
mile of the San Diego River and its tributaries, historic
flumes, and otherwise within the San Diego River Watershed.
2)Prohibits the SDRC from levying taxes, regulating land use,
and exercising the power of eminent domain.
3)Specifies the SDRC's governing board of eleven members
including the Secretary of Resources, the Director of Finance,
the Director of Parks and Recreation, the mayor of San Diego,
a San Diego City Council member, a San Diego County
Supervisor, and five public members. Of the five public
members, three are appointed by the Governor, the Senate Rules
Committee, and the Assembly Speaker appoint one each.
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4)Sunsets the SDRC on January 1, 2020.
FISCAL EFFECT: Unknown
COMMENTS:
1)Purpose of the bill. The mission of the SDRC will be partly
accomplished by building, with partners, a San Diego River
Park and hiking trail stretching from the headwaters in Julian
to the Pacific Ocean. The San Diego River is an important
historic, archaeological and cultural area within California.
Making the SDRC permanent will assist with long-term planning
and development.
2)Conservancy. The SDRC watershed spans 440 square miles,
includes 6 major reservoirs, 4 cities, a large area of
unincorporated county lands, Cleveland National Forest, and
Native American reservations, with 700,000 people living
within its area of influence and an additional 2 million
people in adjacent communities. The river is 52 miles from its
headwaters near Julian to the Pacific Ocean at Ocean Beach.
Its rich cultural and historic connections began with the
Kumeyaay who settled in the area more than 11,000 years ago
and extends through Spanish, Mexican, and early Californian
settlements. In its 12-year history, SDRC has overseen over
100 acres of restoration along the river, the construction and
renovation of approximately 15 miles of a public trail along
the river that is well used by people of all ages, and the
acquisition of over 200 acres of land.
3)Is sunset elimination appropriate at this time? The SDRC does
not sunset until 2020; therefore, SDRC will continue for
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several years even with its current sunset. The SDRC has shown
progress toward achieving its mission and has worked well with
local organizations and other state agencies. SDRC has a
history of clean audits and continues to assist the NRA and
the State Coastal Conservancy in expending funds from
Propositions 13, 40, and 84. SDRC has yet to receive its own
appropriation of conservation bond funds. The Water Quality,
Supply, and Infrastructure Improvement Fund of 2014
(Proposition 1) allocated $17 million for SDRC. The
Proposition 1 funds are meant for multibenefit water quality,
water supply, and watershed protection and restoration
projects. Another sunset review of SDRC could allow the
Legislature to scrutinize the spending of these funds, but the
reporting requirement in the suggested amendments will also
give the Legislature the opportunity and the information to do
that.
4)Oversight. NRA is responsible for overseeing all land
conservation activities and spending in the state. Yet the NRA
has not taken an active role in evaluating conservancies or
providing them with guidance or best practices. In addition,
only three of ten conservancies (State Coastal Conservancy,
Santa Monica Mountains Conservancy, and Sierra Nevada
Conservancy) submit reports to the Legislature.
5)Suggested amendments. The author and committee may wish to
consider amendments to add a biennial reporting requirement
starting in 2017 and to add appropriate co-authors.
6)Prior Legislation.
SB 419 (Kehoe), Chapter 646, Statutes 2007, revised the
description of the San Diego river area to include its
tributaries and historic flumes, and included the protection of
historic and cultural resources in the Conservancy's
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responsibilities. The Board was expanded from 9 to 11 members by
adding the California Director of Parks and Recreation and one
member of the San Diego County Board of Supervisors.
SB 1428 (Kehoe), Chapter 406, Statues of 2008, extended the
sunset date to January 1, 2020.
REGISTERED SUPPORT / OPPOSITION:
Support
City of San Diego
San Diego Canyonlands
San Diego River Park Foundation
Sierra Club California
Opposition
None on file
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Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092