Amended in Assembly June 1, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 530

Introduced by Assembly Member Rendon

(Principal coauthor: Senator Lara)

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(Coauthor: Assembly Member Gomez)

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February 23, 2015

An act to add Chapter 6 (commencing with Section 32622) to Division 22.8 of the Public Resources Code, relating to the Los Angeles River.

LEGISLATIVE COUNSEL’S DIGEST

AB 530, as amended, Rendon. Lower Los Angeles River Working Group.

Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the public’s enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River.

This bill would require the Secretary of the Natural Resources Agency to appoint, in coordination with the Los Angeles County Board of Supervisors, a local working group to develop a revitalization plan for the Lower Los Angeles River, called the Lower Los Angeles River Working Group. The bill would specify a prescribed membership for the working group, including, among others, representatives from the County of Los Angeles, and elected officials of the cities riparian to the Los Angeles River. The bill would require, by March 1, 2017, the working group to develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River, that is consistent with, enhances, and is incorporated into the County of Los Angeles’s Master Plan, and that includes watershed education programs. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would require the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide any necessary staffing to assist the working group.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The Los Angeles River has a complex ecological and
political history. The river originally ran freely along an alluvial
flood plain, which today is the City of Los Angeles. In the begin delete 1930’s, end delete
begin insert 1930s end insert destructive flooding led the United States Army Corps of
Engineers to design and build facilities to minimize the impacts
of future floods, a process that included lining most of the river
with concrete. Since then, the city, begin delete county end delete begin insert county, end insert and federal
government have all played a role in restoring the Los Angeles
River, including the county’s 1996 adoption of a master plan for
developing and restoring the entire Los Angeles River. The City
of Los Angeles developed a “revitalization plan” to restore the
Upper Los Angeles River, which lies within the city’s boundaries.
Most recently, the Corps of Engineers approved “Alternative 20,”
a substantial restoration and infrastructure project along the Upper
Los Angeles River.

(b) The City of Los Angeles was given responsibility for
managing the river’s resources through a charter by the King of
Spain at the end of the 18th century. After serious floods in the
1930’s, the federal government, through the United States Army
Corps of Engineers, stepped in to take responsibility for building
and managing infrastructure projects to reduce the risk and damage
from flooding, with the county as the local partner. The county
also works with the city in managing the Upper Los Angeles River,
where court decisions have held that the King of Spain’s charter
gives the city “pueblo” water rights with authority to manage the
Upper Los Angeles River’s resources. The courts have not given
the city authority over the Lower Los Angeles River.

(c) The State of California retains its sovereign authority to
manage the rivers within its boundaries, including the Los Angeles
River. Historically, however, it has not exercised that authority,
due to the dominance of the federal Army Corps of Engineers in
partnership with the county. The county’s master plan addresses
the entire river but is close to two decades old, and would benefit
from renewed attention to resources and development, especially
on the lower river. The Lower Los Angeles River begin delete has end delete begin insert passes
through end insert many cities, but not one begin delete city with end delete begin insert of these cities has end insert the
responsibility and the resources to invest in restoration of that part
of the Los Angeles River. There is therefore opportunity and need
for the State to aid in the development and implementation of the
county’s Master Plan, especially for the Lower Los Angeles River.

(d) In 2014, California voters approved the Water Quality,
Supply, and Infrastructure Improvement Act of 2014, which
included $60 million for the Los Angeles River, authorizing
funding for both the Santa Monica Mountains Conservancy, which
has responsibility for the Upper Los Angeles River, and the San
Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, which has responsibility for the Lower Los Angeles
River. The Water Quality, Supply, and Infrastructure Improvement
Act of 2014 allocated $30 million to each conservancy for the
purpose of multibenefit water quality, water supply, and watershed
protection and restoration projects for the watersheds.

SEC. 2.  

Chapter 6 (commencing with Section 32622) is added
to Division 22.8 of the Public Resources Code, to read:

 

Chapter  6. Lower Los Angeles River Working Group

 

32622.  

(a) The Secretary of the Natural Resources Agency
shall appoint, in coordination with the Los Angeles County Board
of Supervisors, a local working group to develop a revitalization
plan for the Lower Los Angeles River, called the Lower Los
Angeles River Working Group. The working group shall include,
but need not be limited to, representatives from the conservancy,
the County of Los Angeles, the Gateway Cities Council of
Governments, the Los Angeles Gateway Region Integrated
Regional Water Management Joint Powers Authority, elected
officials of the cities riparian to the Los Angeles River, and
non-profit organizations serving the Los Angeles River region.

(b) On or before March 1, 2017, the working group shall
develop, through watershed-based planning methods, a
revitalization plan that addresses the unique and diverse needs of
the Lower Los Angeles River and the communities through which
it passes. The plan shall be consistent with, enhance, and be
incorporated into, the County of Los Angeles’s Master Plan for
the entire Los Angeles River. The plan shall include watershed
education programs that help the Los Angeles River communities
recognize the value of the river and the importance of protecting
the river’s watershed resources and its vitality to their communities.

(c) The conservancy shall provide any necessary staffing to the
working group to assist in the development of the plan.

(d) The development and implementation of the revitalization
plan may be eligible for funding from any public or private source,
including, but not limited to, funding pursuant to Section 79735
of the Water Code. Entities that are eligible to implement the
revitalization plan include, but are not limited to, state agencies,
local agencies, and non-profit organizations, and may be eligible
for state funding.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the Lower Los Angeles River’s complex
ecological and political history and the unique obstacles the local
governments of the Lower Los Angeles River encounter when
managing the river and its surrounding areas.

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.