BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1818
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                 AB 1818 (Blumenfield) - As Amended:  April 19, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:6-3
                       Water, Parks and Wildlife              9-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill creates the Upper Los Angeles River and Watershed  
          Program (ULARW Program), administered by the Santa Monica  
          Mountains Conservancy (SMMC).  Specifically, this bill:

          1)Creates the ULARW Program, administered by SMMC to address  
            resource protection, public recreation, water conservation,  
            and water quality goals of the Upper LA River watershed.

          2)Allows the program to include specified projects if they are  
            consistent with the San Gabriel and Los Angeles River  
            Watershed and Open Space Plan.  Among authorized projects are  
            those identified by the City of Los Angeles in its LA River  
            Revitalization Master Plan or by the County of Los Angles in  
            the LA River Master Plan; projects recommended by the advisory  
            committee created by this bill and approved by SMMC; and  
            projects recommended by SMMC.

          3)Creates the Upper Los Angeles River and Watershed Program  
            Protection Account within the SMMC Fund and allows certain  
            SMMC bond and other funds to be transferred into it.

          4)Creates the 15-member Upper Los Angeles River and Watershed  
            Protection Program Stakeholder Advisory Committee (ULARA  
            committee), to facilitate public participation and advise on  
            projects undertaken by SMMC.

          5)Adds the chair of the ULARA committee to the board of the  
            SMMC, increasing the conservancy's board from nine to 10  
            members.








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          6)Requires SMMC to fund implementation of this bill using  
            existing state fiscal resources and allows the conservancy to  
            accept money or services donated by any qualified public or  
            private entity that shares the mission or objective of the  
            ULARW Program.

           FISCAL EFFECT  

          1)Minor, absorbable ongoing costs to SMMC to fund the activities  
            of the ULARA committee.  (Special funds or bond funds.)

          2)Cost pressure of an unknown amount, but potentially in the  
            millions of dollars.  This is because creation of the ULARW  
            Program expands the number of projects eligible for a fixed  
            amount of funding.  In addition, inclusion of projects in the  
            program may seem to prioritize those projects over other  
            eligible projects not included in the program.  Cost pressure  
            will result to the extent program projects receive funding  
            they otherwise would not have received to the detriment of  
            other eligible projects.  (Bond funds or special funds.) 

           COMMENTS  

           1)Rationale  .  The author claims there is no state program that  
            addresses the LA River's needs from a watershed perspective.   
            By establishing this program, the author contends, SMMC can  
            help to organize the intense stakeholder interest in projects  
            within and adjacent to the river and help to implement the LA  
            County River Master Plan and the City of Los Angeles River  
            Revitalization Plan.  The author notes that this bill is  
            modeled after the San Francisco Bay Area Conservancy Program  
            of the State Coastal Conservancy.

           2)Background. 
           
             a)   A River Still Runs Through It.   The LA River flows from  
               San Fernando Valley and through the Los Angeles metropolis  
               before entering the Pacific Ocean at Long Beach.  In  
               response to severe floods in the earlier part of the last  
               century, much of the river was lined with impervious  
               material.  Today, the river is a concrete canal for much of  
               its 50-mile run.  Warehouses and industrial sites abut its  
               banks.  For the most part, the region's 7 million plus  
               inhabitants cannot see the river, let alone enjoy it.








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               Regional leaders have, nonetheless, recognized the  
               potential ecological, recreational and social value of the  
               river, and there are numerous plans to restore it.  In  
               1996, the County of Los Angeles developed a "Los Angeles  
               River Master Plan," a multi-objective program that  
               identifies the river's primary purpose as flood protection.  
                Similarly, the City of Los Angeles has its "LA River  
               Revitalization Master Plan."  The city describes the plan  
               as "a 25-to-50 year blueprint for transforming 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."  

                Upper River, Lower River-a Watershed Divided  .  The state,  
               has established two land conservancies to protect and  
               conserve land in and around the LA River and the mountains  
               that surround much of it.  One conservancy-SMMC-was created  
               in 1979 to encourage conservation and recreation around the  
               upper portion of the LA River watershed.  The other  
               conservancy-the San Gabriel and Lower Los Angeles Rivers  
               and Mountains Conservancy-came to exist in 1999 and has  
               jurisdiction over the lower portion of the LA River.   
               Despite this legal division of the LA River watershed,  
               state policy requires the two conservancies to operate  
               consistent with the San Gabriel and LA River Watershed and  
               Open Space Plan adopted by the boards of both  
               conservancies.

              b)   The State Coastal Conservancy and the SF Bay Area  
               Conservancy Program  . There exists within the State Coastal  
               Conservancy a program known as the San Francisco Bay Area  
               Conservancy Program.  Created in 1997, the program seeks to  
               coordinate conservation and restoration efforts in the Bay  
               Area.  This was seen as necessary because San Francisco Bay  
               did not fall within the jurisdiction of any conservancy.   
               Thus, the Bay Area differs from the LA River watershed in  
               that the latter is within the jurisdiction of two state  
               conservancies and subject to numerous coordinated planning  
               efforts.
           
          3)Support.   This bill is supported by the Audubon Society and  
            the Mountains and Recreation Authority-the bill's sponsor.   
            These proponents contend the bill will help to organize the  








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            intense stakeholder interest in projects within, and adjacent  
            to the river and help to implement the LA County River Master  
            Plan and the City of Los Angeles River Revitalization Plan.  

          4)Opposition.   The bill is opposed by the City Project, an  
            environmental justice organization active in the Los Angeles  
            area.  City Project argues that the program described in the  
            bill should benefit all people living within the LA River  
            watershed, not just those that inhabit the upper river.  City  
            Project notes that, compared to the upper river area, the  
            lower LA River is home to more poor people and more people of  
            color, both of whom tend to have less access to open space and  
            suffer disproportionately from the negative effects of  
            environmental degradation.  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081