BILL ANALYSIS
AB 1818
Page 1
Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 1818 (Blumenfield) - As Amended: April 6, 2010
SUBJECT : Santa Monica Conservancy: Upper Los Angeles River
Watershed Program
SUMMARY : Creates the Upper Los Angeles River and Watershed
Program (Program), to be administered by the Santa Monica
Mountains Conservancy (Conservancy), to address the resource
protection, public recreation, water conservation, and water
quality goals of the Los Angeles (LA) River watershed in a
coordinated, comprehensive, and effective way.
THIS BILL :
1)Adds the chair of the Upper LA River and Watershed Stakeholder
Advisory Committee to the Conservancy board, increasing its
membership to 10 members.
2)Creates the Program, to be administered by the Conservancy, to
address the resource protection, public recreation, water
conservation, and water quality goals of the Upper LA River
watershed in a coordinated, comprehensive, and effective way.
3)Allows the Program to include: all projects identified by the
City of LA in its LA River Revitalization Master Plan
(Revitalization Plan); all projects identified by the County
of LA in the LA River Master Plan (Master Plan); any other
project that may be recommended by a stakeholder committee and
approved by the Conservancy; any other project that may be
recommended by the Conservancy. However, all projects must be
consistent with the San Gabriel and Los Angeles River
Watershed and Open Space Plan
4)Establishes the Program Stakeholder Advisory Committee
(Advisory Committee), which will consist of 10 voting members
and five ex officio members; the 10 voting members are as
follows:
a) Three members of the public who reside within the Upper
LA River Watershed. One is appointed by the Governor and
shall have engineering, fluvial geomorphology, river
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restoration or similar professional expertise. One is
appointed by the Speaker of the Assembly with experience
representing local communities. One is appointed by the
Senate Committee on Rules with expertise in river
revitalization projects.
b) Director of the Los Angeles County Department of Public
Works;
c) Member of the Board of Supervisors of Los Angeles
County;
d) Los Angeles City Engineer or a designated employee
thereof;
e) A member of the Los Angeles City Council, to be
appointed by the Mayor;
f) A one year appointment that rotates, each year, between
members of city councils of cities within the watershed,
other than the City of LA, as determined by the city
selection committee;
g) Secretary of the Natural Resources Agency or his or her
employee designee;
h) A member appointed by the Conservancy to represent
underserved communities.
5)Requires the Advisory Committee to encourage public
participation in the development of projects, propose projects
for funding by the Program, review and coordinate projects to
avoid duplication and to achieve maximum multiple benefits
from projects funded by the Program, annually review the
Program and solicit nominations of new projects from all
affected constituencies and from all portions of the
watershed; advise the Conservancy with respect to project
funding priorities.
6)Requires the Conservancy to fund the implementation of this
bill using existing state fiscal resources. Allows the
conservancy to accept money or services donated by any
qualified public or private entity that shares the same
mission or objective of the Program.
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7)Authorizes the Conservancy to undertake projects and award
grants to an eligible entity if they further the purposes and
objectives of the Program; are consistent with the Watershed
Plan; or are consistent with Proposition 84 funding
requirements. The Conservancy may also approve, disapprove,
or condition the approval of a grant or proposed project, to
better comply with the purposes of the Program.
8)Requires the Conservancy to add information to its annual
report concerning the status of projects funded by the program
and recommendations to further the program.
9)Provides that any authority granted by this bill is in
addition to any other power the Conservancy or any other state
or local agency may exercise pursuant to any other law.
10)Creates the Program Protection Account within the Conservancy
Fund and allows Santa Monica Mountains Conservancy funds in
Proposition 50, and LA and San Gabriel River funds in
Proposition 84, as well as future bond revenues, federal
funds, and private funding to be transferred into that
account.
11)Provides that this bill does not affect the jurisdiction or
authority of other state or local agencies or districts with
regulatory or non-regulatory responsibilities over the LA
River.
12)States the intent of the Legislature that the Program must be
implemented within existing budgetary resources, and that the
Conservancy must use, to the greatest extent possible, the
resources of other governmental entities and nonprofit
organizations in carrying out the Program's responsibilities.
EXISTING LAW :
1)Establishes the Conservancy, pursuant to Chapter 1087,
Statutes of 1979, to award grants or loans to cities,
counties, districts, or nonprofit organizations to restore,
enhance, acquire, or conserve resources or develop
recreational opportunities in and around the Santa Monica
Mountains environment.
2)Creates the 26-member Conservancy Advisory Committee to, among
other things, propose and review projects for Conservancy
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action and provide opportunities for public participation.
3)Establishes the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy (RM Conservancy), pursuant to Chapter
789, Statutes of 1999, to acquire and manage public lands
within the Lower LA River and San Gabriel River watersheds,
and to provide open-space, low-impact recreational and
educational uses, water conservation, watershed improvement,
wildlife and habitat restoration and protection, and watershed
improvement within the territory.
4)Provides that watershed protection activities in the San
Gabriel and LA River watersheds must be consistent with the
San Gabriel and LA River Watershed and Open Space Plan
(Watershed Plan) as adopted by the RM Conservancy and the
Conservancy. Each conservancy must implement the Plan
pursuant to its respective authorizing statutes.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose : According to the author's office, "Currently, there
isn't a state program that addresses the LA River's needs from
a watershed perspective. By establishing this program, the
Conservancy can help to organize the intense stakeholder
interest in projects within, and adjacent, to the river. The
program would allow for regional stakeholder input and would
help to implement the Los Angeles County River Master Plan and
the City of Los Angeles River Revitalization Plan." The
author's office and sponsor, the Mountains and Recreation
Authority, indicate that this bill is modeled after the San
Francisco Bay Area Conservancy Program of the State Coastal
Conservancy.
2)Background : According to the Revitalization Plan, the LA
River flows approximately 51 miles from its origin in the San
Fernando Valley to Long Beach Harbor and the Pacific Ocean.
The River runs east/southeastward through LA and along the
cities of Burbank and Glendale in its northern reaches, and
then heads southward, flowing through the cities of Vernon,
Commerce, Maywood, Bell, Bell Gardens, South Gate, Lynwood,
Compton, Paramount, Carson, and Long Beach. The LA River and
its adjacent San Gabriel River drain 1,513 square miles from
the San Gabriel Mountains to the Pacific Ocean. The river and
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its original habitat, once the site of early Native American
and Spanish settlements, have been completely transformed into
an urban metropolis of about seven million people. Until the
1930s, the LA River and its tributaries were primarily
"natural bottom" streams. Devastating floods in 1914, 1934,
and 1939 led to the construction of a concrete-lined channel
along most of its 51 miles.
As soberly stated in the Revitalization Plan, "?with the rail
yards, warehouses, and other industrial uses that line the
River's edge, the River has become both literally and
figuratively isolated from most people and communities. Most
residents cannot see the River, let alone enjoy it as a
valuable public resource. For the six decades since the River
was paved, it has been treated as an unwelcome guest in many
neighborhoods."
3)Brief history and status of the Revitalization Plan and Master
Plan : The Revitalization Plan is, according to Mayor Antonio
Villaraigosa, a "25 to 50 year blueprint for transforming the
City of LA's 32-mile stretch of the river into an 'emerald
necklace' of parks, walkways, and bike paths, as well as
proving better connections to the neighboring communities,
protecting wildlife, promoting the health of the river, and
levering economic reinvestment." It is also the culmination of
an 18 month public process, beginning in October 2005, which
included the input of many stakeholders and thousands of
citizens. As of February 2010, the City of LA has spent
nearly $70 million (from local, state, and federal sources)
and completed 13 projects; it is currently implementing 43
capital projects, 25 of which are bridges that traverse the LA
River and various flood control channels, that total almost $1
billion.
The Master Plan, completed and adopted by the LA County Board
of Supervisors in 1996, proposes a multi-objective program for
the LA River while recognizing its primary purpose for flood
protection. The objectives of the Master Plan, overseen by an
advisory committee of 50 government and non-government
entities, include environmental enhancement, recreational
opportunities, and economic development. Since adoption (and
as of 2005), over $100 million in projects have been developed
including bikeways, parks, landscaping, community events, and
restoration efforts. The U.S. Army Corps of Engineers, in
partnership with the City of LA, has also initiated
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development of ecosystem and watershed restoration,
recreation, and water quality enhancement opportunities along
32 miles of the LA River.
4)This bill is double-referred and was heard in the Natural
Resources Committee (NRC) on March 22, 2010. At that time,
the NRC analysis asked two principle questions:
Is a separate program necessary at this time?
Section 79508 of the Water Code requires watershed
protection activities in the San Gabriel and LA River
watersheds to be consistent with Watershed Plan, adopted by
the Conservancy and the RM Conservancy in 2001. The
Conservancy implements the Watershed Plan in the upper LA
River watershed (upstream of the City of Vernon); the RM
Conservancy implements the plan in the San Gabriel River
and lower LA River watershed. State resource bond funds
allocated for LA River protection have respected the same
bifurcation of jurisdiction (Prop 84 allocated $36 million
to both conservancies). Moreover, the Safe, Clean, and
Reliable Drinking Water Supply Act of 2010 provides $75
million to both conservancies for projects consistent with
section 79508 and specifically for projects identified in
the Revitalization Plan.
The Watershed Plan articulates a vision for the future
of the San Gabriel and LA Rivers Watersheds and provides a
framework for future watershed and open space planning. It
outlines a set of guiding principles and strategies to
guide and implement open space planning in the watersheds,
and identifies conceptual projects such as the creation of
open space, paths, trails, recreation areas, and wildlife
habitat along the Los Angeles, San Gabriel, and Rio Hondo
Rivers; acquisition of open space and; maintenance and
enhancement of flood protection. Both conservancies
committed to developing specific projects and planning
documents following adoption of the Watershed Plan; in
fact, one of the Conservancy's strategic objectives is to
implement the plan.
In the Budget Act of 2007, the Legislature requested a
supplemental report from both conservancies on individual
or collaborative actions taken to protect and restore
habitat along the LA River. The conservancies reported
that "The two agencies continue to work with each other and
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many partners to accomplish goals in river planning,
restoration, watershed protection, public access, and
watershed-related recreational opportunities along the [LA]
River and its tributaries?. Both [conservancies] look
forward to continued implementation of the [LA River]
Master Plan and other plans?and will continue to coordinate
with each other and our partners to maximize the investment
of state, federal, local and private funds."
Given existing authority and funding to implement
projects along the entire LA River watershed, the framework
for watershed protection provided by the Watershed Plan,
the Plan's near identical purposes with this bill, and,
more importantly, the Legislature's clear preference for
collaborative planning and implementation efforts, it is
not clear why a separate Program on only one-half of the
river (23 of 51 miles). By codifying the Program, would
the Legislature unduly elevate the upper LA River over the
lower LA River, which has a higher population density and
concentration of lower-income communities most in need of
access to open space and recreational opportunities?
Should the Legislature also create a lower LA River Program
or rely on the existing collaborative relationship among
both conservancies to make the most efficient use of
limited bond resources?
It is worth noting that the San Francisco Bay Area
Conservancy Program was created in 1997, in part, because
the bay did not fall within the jurisdiction of any
conservancy. It was also created as a coordinating entity
to lead the conservation and restoration efforts of
like-minded local and regional government and
non-governmental entities. While this Program appears to
be intended to emulate this coordinating role, despite
excluding one-half of the LA River, there are several
on-going watershed coordinating and cooperative efforts
including three entities created to oversee the
implementation of the above river planning efforts: the LA
City and County River Cooperation Committee, the River
Revitalization Corporation, and the River Foundation.
Additionally, stakeholders in a multi-county planning
initiative, comprised of 5 sub-regions including the lower
and upper LA River, adopted an Integrated Regional Water
Management Plan in 2006 to improve water supplies, enhance
water supply reliability, improve surface water quality,
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preserve flood protection, conserve habitat, and expand
recreational access in the region. By definition, this
initiative requires local agencies and stakeholders,
including both conservancies, to work together to
coordinate planning activities across jurisdictional
boundaries. Certain stakeholders have expressed concerns
that yet another planning effort as envisioned by this bill
could be redundant and unnecessarily complicate existing
efforts.
Should the Conservancy have a greater role in convening the
Stakeholder Advisory Committee?
This bill creates a 15-member Advisory Committee,
comprised of gubernatorial and legislative appointments, LA
City and County elected and appointed officials, state
agency heads, and others, to, among other things, propose
watershed projects and encourage public participation in
the development of other projects. The Conservancy
currently has a 26-member advisory committee, comprised
mostly of local government representatives, charged with
similar responsibilities.
Generally, an advisory committee is created, and its
members are appointed, by the entity seeking its advice.
Otherwise, that advice may not be heeded. For example, the
membership of the advisory committee of the newly created
San Francisco Bay Restoration Authority (AB 2954, Chapter
690, Statutes of 208), is entirely determined by the
authority provided it has broad representation of community
and agency interests. However, this bill authorizes the
Conservancy to appoint only one member to the 15-member
committee.
1)An issue regarding funding was raised in NRC but not
addressed :
NRC questioned whether the language on page 8, lines 27-29,
allowing the Program to undertake projects directly and award
grants was consistent with existing law.
The author's office states the provisions are consistent with
the Conservancy's existing funding authorities, which are
existing law, and did not want to adopt amendments to the bill
which would create an inconsistency.
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2)The authors is proposing technical amendments to be adopted in
Committee:
Author's amendments would make several non-substantive technical
cleanups to the bill and substitute, on the Program's
Stakeholder Advisory Committee, the "chairperson of the Los
Angeles City Council Ad Hoc Committee on the Los Angeles
River, or if that committee ceases to exist, a member of the
Los Angeles City Council appointed by the Mayor" for "a member
of the Los Angeles City Council, to be appointed by the
Mayor."
REGISTERED SUPPORT / OPPOSITION :
Support
Audubon California
Opposition
None on file.
Analysis Prepared by : Tina Leahy / W., P. & W. / (916)
319-2096