BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 355 Hearing Date: April 14,
2015
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|Author: |Lara | | |
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|Version: |April 6, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Katharine Moore |
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Subject: San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy
BACKGROUND AND EXISTING LAW
1.There are ten conservancies currently established by law in
state government within the California Natural Resources
Agency.
2.In general, the governing statutes for each conservancy
provide its mission (typically to acquire and manage public
lands in a specified area to provide open space, wildlife
habitat restoration, recreational and education experiences,
among other goals), and establish the territory of the
conservancy, criteria for board membership, and the framework
for its activities.
3.The criteria for board membership varies among the
conservancies. There are typically both voting and non-voting
members, many of whom must satisfy territorial representation
or residency requirements. Board members may serve due to the
office they hold (e.g. the Secretary of the Natural Resources
Agency) or are selected by a variety of methods including
appointment by the Senate Committee on Rules, the Speaker of
the Assembly and the Governor.
4.The San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy (RMC) was created by the Legislature in 1999 (SB
216, Solis, c. 89 and AB 1355, Havice, c. 90, Statutes of
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1999)(Public Resources Code (PRC) §32600 et seq.). The RMC's
mission is, among other things, to preserve open space and
habitat in order to provide for low-impact recreation and
educational uses, wildlife habitat restoration and protection,
and watershed improvements within its jurisdiction.
5.The RMC territory includes the watersheds for the San Gabriel
River and the Los Angeles River, along with portions of the
Santa Clara River and the lower Santa Ana River. It includes
portions of western Orange and eastern Los Angeles counties.
6.The RMC board is composed of 13 voting and 7 non-voting
members (PRC §32605). The voting members include:
A member of the Los Angeles County Board of Supervisors,
as specified (appointed by the Governor)
2 members of the board of directors of the San Gabriel
Valley Council of Governments, as specified (appointed by
the Senate Committee on Rules and by a majority vote of
said board of directors). Both members shall be a mayor or
city council member.
2 members of the board of directors of the Gateway
Cities Council of Governments, as specified (one shall be
the mayor of Long Beach or a Long Beach city council member
appointed by the mayor, and one appointed by the Speaker of
the Assembly)
2 members of the Orange County Division of the League of
California Cities, as specified (appointed by a majority
vote of membership and by the Governor). Both shall be
mayors or city council members.
A San Gabriel Water Association representative
A Central Basin Water Association representative
A member, proposed by an environmental organization,
involved in restoration, open space, or river preservation
activities, as specified (appointed by the Governor).
The Secretary of the Natural Resources Agency
The Secretary of the California Environmental Protection
Agency
The Director of Finance.
Some members of the RMC board holding local public office must
satisfy certain additional territorial requirements. Certain
members may appoint designees to represent them on the RMC
Board.
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The non-voting RMC board members include:
The District Engineer, U.S. Army Corps of Engineers
The Regional Forester, Pacific Southwest Region, U.S.
Forest Service
Director, Los Angeles County of Public Works
Director, Orange County Department of Public Works
A San Gabriel Watermaster representative
Director, State Parks
Executive Officer, Wildlife Conservation Board
Non-voting members may be represented by his or her designee.
1.In 2006, the Senate Natural Resources and Water Committee
omnibus bill (SB 1843, c. 94, Statutes of 2006) revised the
RMC statutes to, among other things, allow the member
representing the Los Angeles County Board of Supervisors to
appoint his or her designee for the board. More recently, the
2012 Resources budget trailer bill provided for alternate
requirements for the San Gabriel Valley Council of Governments
board member appointed by the Senate Committee on Rules in
certain conditions (SB 1018, c. 38, Statutes of 2012).
2.The Santa Monica Mountains Conservancy, the State Coastal
Conservancy and the Sacramento-San Joaquin Delta Conservancy
provide for sitting members of the Assembly and Senate to
participate on or with their respective boards in a non-voting
capacity.
PROPOSED LAW
This bill would change the membership of the RMC Board by
changing the selection criteria for one of the existing voting
members and adding two non-voting members. Specifically, this
bill would:
Increase the non-voting number of members from 7 to 9, and
retain the existing number of 13 voting members. The two
additional non-voting members would be a member of the Senate
and a member of the Assembly, appointed by the Senate
Committee on Rules and the Speaker, respectively.
Remove one of the two voting members selected from the Orange
County Division of the League of California Cities (the one
selected by a majority of the membership of the city selection
committee of Orange County) and replace him or her with a
resident of a city bordering the Lower Los Angeles River
appointed by the Governor, as specified.
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ARGUMENTS IN SUPPORT
According to the author, "[t]he recently approved state water
bond provides millions of dollars in funding opportunities for
the revitalization of the Lower Los Angeles River watershed,
including parks and open space along the River. Many of those
funds, including a $30 million direct allocation for watershed
improvements, and a share of $100 [million] for urban creek
restoration, will be allocated through the RMC. Opportunities
for improvements to the Lower Los Angeles River directly impact
the communities that border the River. It is vital that the
conservancy board include representation from the cities that
border the river, to provide a local perspective on plans and
development."
"Adding state elected officials as non-voting board members in
an advisory capacity has proven successful at other state
conservancies."
ARGUMENTS IN OPPOSITION
The City of Laguna Hills writes, "[t]he RMC is a critical
pathway to regional collaboration on environmental and water
quality issues. Ensuring broad representation on the RMC is an
effective strategy to developing the programs and procuring the
funds, through Proposition 1 or other vehicles, to achieve
regional environmental objectives. [?] These funds will work
towards improving all of Southern California, not just one
county."
The City continues that SB 355 "would unequivocally marginalize
the voice of Orange County, which currently holds just two of
thirteen voting seats on the RMC, just as critical and
competitive funding programs begin to take shape," and notes the
importance of the Santa Ana River watershed to Orange County's
groundwater and water supply. The City of Laguna Hills'
comments are echoed by the other opponents of the bill.
COMMENTS
Conservancy board membership changes over time . It is not
unusual for the Legislature to make changes in the number of
board members or the criteria for board membership over time for
a conservancy. As noted above, membership in the RMC board was
changed by a committee bill in 2006. Additionally, for example,
in the last session changes impacting the boards of both the
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Santa Monica Mountains and the Baldwin Hills Conservancies were
approved (see below for specifics).
Geographic shift in RMC board composition . A member from Orange
County would be replaced by a member from Los Angeles County.
Most of the RMC territory is in Los Angeles County, and, as
noted by the opponents, most of its Board members are too. The
current RMC board includes a representative from Long Beach
(adjacent to the Lower Los Angeles River). The other members
from Los Angeles County may not necessarily represent
communities directly adjacent to the Lower Los Angeles River.
The RMC received specified funding in bonds prior to Proposition
1 (2014) . According to the RMC web-page it has received funding
from Proposition 12 (2000), Proposition 13 (2000), Proposition
40 (2002), Proposition 50 (2002) and Proposition 84 (2006) in
addition to the recently-passed Proposition 1. Several of these
bonds contained specified funding for the RMC (Proposition 84
($36 million), Proposition 50 ($20 million), Proposition 40 ($40
million) and Proposition 12, which predated the establishment of
the RMC, provided $25 million for the Los Angeles and San
Gabriel River watersheds). Additionally, Proposition1 and the
earlier bonds also include programs which the RMC would be
eligible to receive funding from such as urban river
restoration, among others.
Recent related legislation .
AB 530 (Rendon, 2015) would provide for the establishment of a
local working group, including representatives from the RMC, to
develop a revitalization plan for the Lower Los Angeles River.
(before the Assembly Water Parks and Wildlife Committee)
SB 238 (Liu, c. 211, Statutes of 2013) changed the ability of
the non-voting member of the Santa Monica Mountains Conservancy
Board representing the Angeles National Forest to vote on items
impacting said forest.
SB 184 (Committee on Governance and Finance, c. 184, Statutes of
2013) allowed the member of the Board of Supervisors of Los
Angeles County serving on the board of the Baldwin Hills
Conservancy board to appoint a designee to represent him or her.
SB 1664 (Romero, 2002) would have added 4 non-voting members to
the RMC Board - 2 each from the Senate and Assembly,
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respectively. (failed on Assembly floor.)
SUPPORT
City of Cudahy
City of Paramount
OPPOSITION
Association of California Cities - Orange County
City of Brea
City of Fullerton
City of Laguna Hills
City of Los Alamitos
City of Newport Beach
Orange County Division, League of California Cities (unless
amended)
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