BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 392          Hearing Date:    June 23,  
          2015
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          |Author:    |Atkins                 |           |                 |
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          |Version:   |May 5, 2015    Amended                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|William Craven                                       |
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                       Subject:  San Diego River Conservancy.


          BACKGROUND AND EXISTING LAW
          1)Established the San Diego River Conservancy (SDRC)  in 2002 in  
            the Natural Resources Agency (NRA) which is authorized 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.

          4)Sunsets the SDRC on January 1, 2020.


          PROPOSED LAW
          This bill eliminates the sunset date and creates biannual  
          reporting requirements that describe all expenditures, all  
          projects, a progress report, and any recommendations that the  







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          conservancy has to improve the statutes under which it operates.  


          ARGUMENTS IN SUPPORT
          1)According to the author, 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 as well as make more practical the  
            conservancy's expenditure of $17 million in Prop 1 water bond  
            funds that will take up to 10 years. 


          2)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. Currently, the mission of the SDRC  
            will be advanced  by building, with partners, a San Diego  
            River Park and hiking trail stretching from the headwaters in  
            Julian to the Pacific Ocean.


          3)According to the author, even though the SDRC does not sunset  
            until 2020, 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 Resources Agency 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, although, as noted, it was allocated  
            $17 million from Prop 1. 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  








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            these funds, but the reporting requirements now in the bill  
            will also give the Legislature the opportunity and the  
            information to do that. Only three other conservancies have  
            similar reporting requirements-State Coastal Conservancy,  
            Santa Monica Mountains Conservancy, and Sierra Nevada  
            Conservancy. 


          ARGUMENTS IN OPPOSITION
          None received. 

          SUPPORT
          Sierra Club of California
          San Diego County Board of Supervisors

          OPPOSITION
          None Received

          
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