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 ----------------------------------------------------------------- |Author: |Lara | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |April 6, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Katharine Moore | | | | ----------------------------------------------------------------- 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 SB 355 (Lara) Page 2 of ? 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. SB 355 (Lara) Page 3 of ? 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. SB 355 (Lara) Page 4 of ? 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 SB 355 (Lara) Page 5 of ? 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, SB 355 (Lara) Page 6 of ? 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) -- END --