BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 446 Hearing Date: July 14,
2015
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|Author: |Ridley-Thomas | | |
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|Version: |February 23, 2015 Introduced |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Katharine Moore |
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Subject: Baldwin Hills Conservancy.
BACKGROUND AND EXISTING LAW
In 2000, the Baldwin Hills Conservancy Act (act) established the
Baldwin Hills Conservancy (conservancy) in the Natural Resources
Agency (agency).
The act provides that the conservancy, among other things, may
acquire and manage public lands within the Baldwin Hills area
and provide recreational, open space, wildlife habitation
restoration and protection, and lands for educational uses
within the area. Additionally, the act allows the conservancy
to fix and collect fees, as specified, for certain activities,
provides the conservancy with the right of first refusal to
acquire lands suitable for park and open space within its
territory, to recruit and coordinate volunteers, and authorizes
the conservancy to accept private or public lands offered for
recreational trails.
The conservancy's territory is located in the heavily urbanized
Baldwin Hills area of the Los Angeles Basin. The territory
includes parts of the Cities of Los Angeles and Culver City,
unincorporated portions of Los Angeles County, the Kenneth Hahn
State Recreation Area and some adjacent lands. Lands under its
jurisdiction are about 2 square miles, although the conservancy
does not own or control all of these lands. There is
considerable on-going oil development and production within the
conservancy's territory. The conservancy is the smallest of the
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state's conservancies.
Existing law provides that the act will remain in effect until
January 1, 2018. The act was created with an initial sunset
date of January 1, 2008, and was extended once to its current
date (via an environment budget trailer bill (SB 85, Committee
on Budget and Fiscal Review, c. 178, Statutes of 2007)).
PROPOSED LAW
This bill would eliminate the sunset date for the act and extend
the operation of the act (and the conservancy) indefinitely.
ARGUMENTS IN SUPPORT
According to the author, "removing the sunset date would allow
the [conservancy] to continue its mission in parity with the
other eight out of ten conservancies that do not have a sunset
date impacting their ability to develop ongoing multiyear
projects."
"Without the conservancy, the area will continue to face many of
the challenges that led to the conservancy's creation. [?] The
communities in and around the Baldwin Hills are quantifiably
park poor, with only one acre per thousand residents; the region
falls far below the National Recreation and Parks Association
standard of six acres per thousand residents."
"Neighborhoods populated by minorities and recent immigrants are
especially short of park space. [?] Because of the
disproportionate burden of chronic disease that affects minority
communities it is essential that urban open space is promoted
and protected. [?] With the lack of urban open space and public
parks accessible to minority communities, the protection of
Baldwin Hills is the centerpiece of a legacy for park equity in
urban Los Angeles."
Additionally, the author notes that there are dedicated bond
funds for the conservancy and the obstacles to pursuing
multi-year projects supported by bond funds given the
conservancy's current sunset date.
The Nature Conservancy "supports AB 446 in light of the
biodiversity value of Baldwin Hills and the importance of
continued acquisition and restoration efforts by the Baldwin
Hills Conservancy."
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ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Most state conservancies do not have sunset dates . Only two of
the ten conservancies located in the agency have sunset dates:
the Baldwin Hills and San Diego River Conservancies. (AB 392
(Atkins) is currently seeking to remove the sunset date for the
San Diego River Conservancy.) While many of the state's
conservancies were created without sunset dates, it is not
without precedent to eliminate the sunset date for a state
conservancy: the Santa Monica Mountains Conservancy was created
with a sunset date that was extended 3 times prior to its
eventual repeal.
Proposition 1 and the conservancy . There is $10 million in
Proposition 1 funds, approved by the voters in November 2014, to
be spent on "multibenefit water quality, water supply, watershed
protection and restoration projects."
Recent audit results . In 2008 the Department of Finance audited
the conservancy. The audit found deficiencies with the
conservancy's pre-awarding processes, monitoring and oversight
of projects. The conservancy responded to the audit and agreed
to take several corrective actions to address the deficiencies
found.
Recent related legislation
AB 392 (Atkins, 2015) would remove the sunset date for the San
Diego River Conservancy. (passed this Committee 9 - 0, currently
on the Senate Appropriations Committee Suspense file)
SUPPORT
Ballona Creek Renaissance
City of Beverly Hills
Cherrywood/Leimert Block Club
Community Health Councils, Inc.
Council for Watershed Health
City of Culver City
Empowerment Congress West Area Neighborhood Development Council
Ladera Heights Civic Association
Los Angeles Audobon Society
Los Angeles County Board of Supervisors
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Mujeres de la Tierra
Natural Resources Defense Council
The Nature Conservancy
City of Santa Monica
Sara Amir, Chair, Baldwin Hills Conservancy Board
Social Justice Learning Institute
OPPOSITION
None Received
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