BILL ANALYSIS Ó AB 446 Page 1 Date of Hearing: April 27, 2015 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 446 (Ridley-Thomas) - As Introduced February 23, 2015 SUBJECT: Baldwin Hills Conservancy SUMMARY: Eliminates the 2018 sunset date for the Baldwin Hills Conservancy (BHC). EXISTING LAW: 1)Established BHC in 2000 in the Natural Resources Agency (NRA) and authorizes the BHC to acquire and manage public lands within the Baldwin Hills area, is the land area currently within the Kenneth Hahn State Recreation Area, the Baldwin Hills community, and the surrounding property. 2)Prohibits BHC from regulating land use and exercising the power of eminent domain. 3)Authorizes BHC to fix and collect fees for the use of any land owned or controlled, or for any service provided, by BHC. Prohibits fees in excess of the cost of maintaining and operating the land or of providing the service for which the fee is charged. AB 446 Page 2 4)Provides BHC with the first right of refusal to acquire lands suitable for park and open space within its prescribed territory, and authorizes BHC to accept private or public lands offered for recreational trails. 5)Specifies that the board of BHC consist of 13 voting members and 7 nonvoting members. The 13 voting members of the board include the Secretary of NRA, the Director of Parks and Recreation, the Director of Finance, the Director of the Los Angeles County Department of Parks, the member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located, and 6 members of the public appointed by the Governor. The 7 nonvoting members are: the Secretary of the California Environmental Protection Agency; the Executive Officer of the State Coastal Conservancy; the Executive Officer of the State Lands Commission; an appointee of the Governor with experience in developing contaminated sites, commonly referred to as "brownfields;" the Executive Director of the Santa Monica Mountains Conservancy; the Director of the Culver City Human Services Department; and the Director of the Department of Conservation. Allows designees to serve for members of the board. FISCAL EFFECT: Unknown COMMENTS: 1)Conservancy. BHC jurisdiction covers approximately 2 square AB 446 Page 3 miles and is the smallest of the state's 10 conservancies. BHC is located approximately 6 miles from downtown Los Angeles. There is significant oil production activity in the BHC's jurisdiction. BHC plans to restore former oil production lands to open space and make them available to the public as oil production ceases. The goal of BHC is to eventually connect public land into one big park (2 square miles) to serve the area. This will help the surrounding residents have access to the open space in a region that is lacking in park space. 2)Is sunset elimination appropriate at this time? BHC does not sunset until 2018; therefore, BHC will continue for several years even with its current sunset. BHC has shown progress toward achieving its mission and has worked well with local organizations and other state agencies. BHC provides open space and an educational component to communities that don't have many other opportunities to be in and learn about nature. BHC was subject to a Department of Finance (DOF) audit in 2008, which found deficiencies with BHC's pre-awarding processes, monitoring of project status, and oversight over bond funded projects. BHC responded to the audit and agreed to take several corrective actions to address the deficiencies found. BHC received an allocation of $40 million from Proposition 40 (2002), $10 million from Proposition 84 (2006), and $10 million from Proposition 1 (2014). The Proposition 1 funds are meant for multibenefit water quality, water supply, and watershed protection and restoration projects. Another sunset review of BHC, could allow the Legislature to scrutinize the spending of the bond funds allocated to BHC, and the actions BHC has taken to respond to DOF's audit. 3)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, AB 446 Page 4 Santa Monica Mountains Conservancy, and Sierra Nevada Conservancy) submit reports to the Legislature. REGISTERED SUPPORT / OPPOSITION: Support California State Parks Foundation City of Culver City Council for Watershed Health, Board of Directors County of Los Angeles Board of Supervisors Los Angeles Audubon Society Natural Resources Defense Council Opposition None on file AB 446 Page 5 Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092