BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 355| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 355 Author: Lara (D) Amended: 4/6/15 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 6-2, 4/14/15 AYES: Pavley, Allen, Hueso, Jackson, Monning, Wolk NOES: Stone, Fuller NO VOTE RECORDED: Hertzberg SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy SOURCE: Author DIGEST: This bill changes the membership of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy's (RMC's) board by changing the selection criteria for one of the existing voting members and adding two non-voting members. ANALYSIS: Existing law: 1)Establishes ten conservancies in state government within the Natural Resources Agency and provides varying criteria for board membership 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 SB 355 Page 2 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. 2)Establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) (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. 3)Establishes the RMC's territory which 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. The RMC includes portions of western Orange and eastern Los Angeles counties. 4)Establishes the RMC board. The board is composed of 13 voting and 7 non voting members (PRC §32605). a) The voting members include: i) A member of the Los Angeles County Board of Supervisors, as specified. ii) Two members of the board of directors of the San Gabriel Valley Council of Governments, as specified. Both members shall be a mayor or city council member. iii) Two 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). iv) Two members of the Orange County Division of the League of California Cities, as specified. Both shall be mayors or city council members. v) A San Gabriel Water Association representative. vi) A Central Basin Water Association representative. vii) A member, proposed by an environmental organization, involved in restoration, open space, or river preservation activities, as specified. SB 355 Page 3 viii) The Secretary of the Natural Resources Agency. ix) The Secretary of the California Environmental Protection Agency. x) The Director of Finance. Some members of the RMC board holding local public office must satisfy certain additional territorial requirements. b) The non-voting members include: i) The District Engineer, U.S. Army Corps of Engineers. ii) The Regional Forester, Pacific Southwest Region, U.S. Forest Service. iii) Director, Los Angeles County of Public Works. iv) Director, Orange County Department of Public Works. v) A San Gabriel Watermaster representative. vi) Director, State Parks. vii) Executive Officer, Wildlife Conservation Board. This bill changes the membership of the RMC board by changing the selection criteria for one of the existing voting members and adding two non-voting members (for a board composed of 13 voting and 9 non-voting members) by: 1)Removing one of the two voting members selected from the Orange County Division of the League of California Cities and replacing him or her with a resident of a city bordering the Lower Los Angeles River, appointed by the Governor, as specified. 2)Adding a member of the Senate and a member of the Assembly, appointed by the Senate Committee on Rules and the Speaker, respectively, as non-voting members. Comments 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 SB 355 Page 4 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. Legislators sit on other Conservancy Boards. 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. Recent related legislation AB 530 (Rendon, 2015) provides 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 1664 (Romero, 2002) would have added 4 non-voting members to the RMC Board - 2 each from the Senate and Assembly, respectively. (failed on Assembly floor.) FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified4/21/15) City of Bell City of Compton City of Cudahy City of Paramount City of South Gate City of Vernon OPPOSITION: (Verified4/21/15) Association of California Cities - Orange County City of Brea SB 355 Page 5 City of Buena Park City of Fullerton City of Garden Grove City of Laguna Hills City of La Habra City of La Palma City of Los Alamitos City of Newport Beach Orange County Council of Governments Orange County Division, League of California Cities Orange County Sanitation District Yorba Linda Water District 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 SB 355 Page 6 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. Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116 4/22/15 16:20:05 **** END ****