Senate Bill No. 1390

Introduced by Senator Correa

February 21, 2014

An act to add Division 23.6 (commencing with Section 33807) to the Public Resources Code, relating to the Santa Ana River Conservancy.

LEGISLATIVE COUNSEL’S DIGEST

SB 1390, as introduced, Correa. Santa Ana River Conservancy.

Existing law authorizes various conservancies to acquire, manage, direct the management of, and conserve public lands in the state.

This bill would establish the Santa Ana River Conservancy to acquire specified lands within 1⁄2 mile on either side of the riverbed of the Santa Ana River and would prescribe the management, powers, and duties of the conservancy. The bill would also create the Santa Ana River Conservancy Fund, but would prohibit the conservancy from implementing the funding authorization until the Legislature appropriates, from other than General Fund moneys, or a bond act approved by the voters allocates, the necessary funds.

The bill would require the conservancy, by January 1, 2016, and annually thereafter, to submit a report to the Governor and the Legislature on progress made to further the purposes of the conservancy.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Division 23.6 (commencing with Section 33807)
is added to the Public Resources Code, to read:

 

Division 23.6.  SANTA ANA RIVER CONSERVANCY

 

Chapter  1. General Provisions and Definitions

 

33807.  

This division shall be known, and may be cited, as the
Santa Ana River Conservancy Act.

33808.  

(a) The Santa Ana River is the largest stream system
in southern California, covering an area of about 2,700 square
miles in parts of Orange, San Bernardino, Riverside, and Los
Angeles Counties.

(b) The Santa Ana River region is home to one of the fastest
growing populations in the nation, which is expected to grow from
its current five million residents to ten million residents by 2050.

(c) Not all Orange County residents have equal access to green
space. The communities with the worst access to parks lie along
the river in north Orange County, with low-income levels and high
concentrations of people of color.

(d) Despite vast areas of parkland, many communities in San
Bernardino and Riverside Counties are park poor, with less than
three acres of green space per 1,000 residents. This is particularly
true in the communities that were built out before the development
boom of the past few decades. As more working class families
moved to the area in search of jobs, the population in these older
neighborhoods swelled but public resources for parks and
recreation were not invested proportionally to the growth.

(e) Portions of the Santa Ana River are considered polluted by
the United States Environmental Protection Agency. Pollutants
include lead and copper from discarded vehicle brake pads, and
bacteria from leaking sewers and septic tanks. Pollutants travel
the length of the river, exposing nearby communities to harmful
chemicals and toxins.

(f) The Santa Ana River is an extraordinary natural resource of
statewide significance. The river has been subject to intense
development and is in need of restoration, conservation, and
enhancement.

(g) The creation of the Santa Ana River Conservancy will
provide the state the necessary structure to plan restoration and
preservation projects and recreation opportunities, and enhance
the overall condition of the Santa Ana River.

33809.  

For purposes of this division, the following terms have
the following meanings:

(a) “Board” means the governing board of the Santa Ana River
Conservancy.

(b) “Conservancy” means the Santa Ana River Conservancy.

(c) “Conservancy lands” means lands owned by the conservancy.

(d) “Control” means possession, direct or indirect, of the power
to direct or cause the direction of management and policies.

(e) “Nonprofit organization” means a nonprofit public benefit
corporation that is formed pursuant to the Nonprofit Corporation
Law (Division 2 (commencing with Section 5000) of Title 1 of
the Corporations Code), qualified to do business in California, and
qualified under Section 501(c)(3) of Title 26 of the United States
Code, and that has among its primary purposes the preservation,
protection, or enhancement of land or water resources in their
natural, scenic, historical, agricultural, forested, or open-space
condition or use.

(f) “Territory” means those lands that are located within one-half
mile on either side of the riverbed of the Santa Ana River, or any
of its tributaries, from its headwaters near the San Gorgonio
Wilderness Area to the Pacific Ocean at the Santa Ana River Mouth
Beach in Huntington Beach.

 

Chapter  2. The Santa Ana River Conservancy

 

33815.  

There is in the Resources Agency, the Santa Ana River
Conservancy, which is created as a state agency for the following
purposes:

(a) To acquire lands that are located within one-half mile on
either side of the riverbed of the Santa Ana River, to manage
conservancy lands, and to provide recreational opportunities, open
space, trails, wildlife habitat and species restoration and protection,
wetland restoration and protection, agricultural land restoration
and protection, protection and maintenance of the quality of the
waters in the Santa Ana River for all beneficial uses, lands for
educational uses within the area, and natural floodwater
conveyance.

(b) To provide for the public’s enjoyment, and to enhance the
recreational and educational experience on conservancy lands in
a manner consistent with the protection of land and natural
resources, and economic resources in the area.

33820.  

The conservancy shall do all of the following:

(a) Establish policies and priorities for the conservancy regarding
the Santa Ana River, and conduct necessary planning activities,
in accordance with the purposes set forth in Section 33815.

(b) Give priority to river-related projects that create expanded
opportunities for recreation, greening, aesthetic improvement, and
wildlife habitat along the corridor of the river and in parts of the
river channel that can be improved for the purposes set forth in
Section 33815 without infringing on water quality, water supply,
and necessary flood control.

(c) Approve conservancy-funded projects that advance the
purposes set forth in Section 33815.

(d) Prepare a Santa Ana River Parkway and Open Space Plan,
that shall accomplish, at minimum, all of the following:

(1) Determine the policies and priorities for conserving the Santa
Ana River and its watershed in accordance with the purposes of
the conservancy set forth in Section 33815.

(2) Identify underused, existing public open spaces and
recommend ways to provide better public use and enjoyment in
those areas. However, the conservancy shall not manage, regulate,
or control the use of any land owned, leased, or otherwise used by
another public agency.

(3) Identify and prioritize additional low-impact recreational
and open-space needs, including additional or upgraded facilities
and parks that may be necessary or desirable.

33825.  

The board shall consist of 13 voting members appointed
as follows:

(a) Secretary of the Resources Agency, or his or her designee.

(b) Director of Finance, or his or her designee.

(c) One public member appointed by the Governor, from a list
submitted by local, state, and national environmental organizations
that operate within the territory and that have participated in
planning for river restoration, river preservation, open space, or
water quality.

(d) Three public members appointed by the Governor, who have
expertise in economic development, agriculture, or conservation,
wildlife, and natural resources.

(e) One member of the Board of Supervisors of Riverside
County appointed by the majority of the members of that board,
or the general manager of the Riverside County Regional Parks
and Open-Space District.

(f) One member of the Board of Supervisors of San Bernardino
County appointed by the majority of the members of that board,
or the chief of the San Bernardino County Regional Parks Division.

(g) One member of the Board of Supervisors of Orange County
appointed by the majority of the members of that board, or the
director of the Orange County Public Facilities and Resources
Department.

(h) One member of the Santa Ana River Watershed Project
Authority, appointed by the majority of the members of that
authority.

(i) One public member appointed by the Senate Committee on
Rules.

(j) One public member appointed by the Speaker of the
Assembly.

(k) One representative designated by the Governing Councils
of the San Manuel Band of Mission Indians and the Soboba Band
of Luiseno Indians.

33826.  

(a) The term of each member of the board, except the
Secretary of the Resources Agency, or his or her designee, and the
Director of Finance, or his or her designee, shall be two years, or
until the member’s successor is appointed, whichever is longer. A
vacancy shall be filled within 60 days of its occurrence by the
appointing authority.

(b) Notwithstanding subdivision (a), a person shall not continue
as a member of the board if he or she ceases to hold the office that
qualifies him or her to be appointed as a member of the board. The
membership on the board held by the person shall terminate if the
person ceases to hold the qualifying office or membership.

(c) The members of the board shall elect a chairperson, vice
chairperson, and other officers, as necessary, from among the board
members. The board shall determine the terms of those offices.

(d) A member of the board who is not a full-time public
employee shall be compensated at a rate not to exceed one hundred
dollars ($100) per regular meeting, not to exceed 12 regular
meetings per year, and shall be reimbursed the actual and necessary
expenses incurred in the performance of his or her duties. A
member may waive compensation.

(e) The conservancy shall employ an executive officer and other
necessary staff, and may enter into a contract for services requiring
knowledge, experience, and ability not possessed by the
conservancy staff. Those contracts shall be subject to board
approval.

(f) (1) The board shall create an advisory group and may create
ad hoc panels. The board shall determine the size and composition
of membership, candidate qualifications, and the selection process
for an advisory group or ad hoc panel.

(2) Members of the advisory group or ad hoc panels may offer
advice, expertise, support, or service to the conservancy, without
compensation.

(3) The board may establish operational guidelines for the
advisory group or ad hoc panels.

(4) A donation of funds secured through activities of the
advisory group or ad hoc panels shall be deposited in the Santa
Ana River Conservancy Fund.

(5) All reports, statements, or advice issued by the advisory
group or ad hoc panels may be received and filed, implemented,
or rejected by the board.

33830.  

(a) A quorum shall consist of a majority of the members
of the board. All meetings of the board shall be held in accordance
with the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
2 of the Government Code).

(b) An action of the board affecting a matter shall be taken by
a majority vote of the membership of the board, a quorum being
present.

(c) The board shall adopt rules and procedures necessary to
conduct its business.

(d) The board shall meet to conduct official business of the
conservancy only at locations within the territory.

 

Chapter  3. Powers and Duties

 

33840.  

(a) The conservancy shall manage, operate, administer,
and maintain the conservancy lands and facilities in accordance
with the purposes set forth in Section 33815.

(b) The conservancy may adopt regulations governing public
use of conservancy lands and facilities and may provide for the
enforcement of those regulations.

(c) The conservancy may fix and collect fees for the use of any
land owned or controlled, or for any service provided, by the
conservancy. The amount of the fees may not exceed the reasonable
cost of maintaining and operating the land or providing the services
rendered by the conservancy.

33841.  

(a) The conservancy may acquire real property or an
interest in real property pursuant to the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title
2 of the Government Code) within the territory from willing sellers
and at fair market value, upon a finding that the acquisition is
consistent with the purposes of the conservancy as set forth in
Section 33815. The conservancy may acquire the property itself
or may coordinate the acquisition through other public agencies
or nonprofit organizations that have the authority to acquire
property and that have available funding or land to exchange. The
conservancy may hold a remainder interest in property in those
instances in which an owner desires to sell the property and retain
a life estate, and may create and administer a mitigation land bank
and arrange land exchanges, consistent with the purposes set forth
in Section 33815. The overall objective of the land acquisition
program shall be to assist in accomplishing land transactions that
are mutually beneficial to the landowner and the conservancy, and
that meet the conservancy’s purposes.

(b) To the extent not in conflict with another law, the
conservancy may exercise the right of first refusal for surplus
public agency property located within the territory for the purposes
of the conservancy, as set forth in Section 33815, subject to the
conditions and provisions of the adopted Santa Ana River Parkway
and Open Space Plan, and shall conform to all relevant general
and specific plans and zoning regulations of local agencies within
the territory.

(c) Prior to entering into an agreement to acquire an interest in
real property, or to lease, rent, sell, exchange, or transfer real
property or an interest therein or an option acquired under this
division, within the territory for open space or conservation
purposes, the conservancy shall provide 30 days’ written notice
to the legislative body of the affected local agency, if that project
was not included in the Santa Ana River Parkway and Open Space
Plan.

(d) The conservancy may apply for grants from any source to
be used for the purposes of this division. The proceeds of the grants
shall be deposited in the Santa Ana River Conservancy Fund, as
specified in Section 33845.

33842.  

(a) The conservancy shall have, and may exercise, all
rights and powers, expressed or implied, necessary to carry out
the purposes of this division, except as otherwise provided.

(b) The conservancy may not levy a tax.

(c) The conservancy may not regulate land use, except on lands
it owns, manages, or controls.

(d) The conservancy does not have the power of eminent
domain.

(e) The conservancy shall be subject to all laws, regulations,
and general and specific plans of the legislative body of the local
agency that has jurisdiction in the area in which the conservancy
proposes to take action.

33843.  

The conservancy may do all of the following:

(a) Sue and be sued.

(b) Enter into contracts with a public agency, private entity, or
person necessary for the proper discharge of the conservancy’s
duties, and enter into a joint powers agreement with a public
agency, in furtherance of the purposes set forth in Section 33815.

(c) Lease, rent, sell, exchange, or transfer real property or an
interest in real property or an option acquired under this division
to a local public agency, state agency, federal agency, nonprofit
organization, individual, or other entity pursuant to terms and
conditions approved by the conservancy for management purposes,
in accordance with the purposes set forth in Section 33815.

(d) Initiate, negotiate, and participate in an agreement for the
management of conservancy lands by a local public agency, state
agency, federal agency, nonprofit organization, individual, or other
entity, and initiate, negotiate, and participate in an agreement for
the management of land under the ownership or control of those
entities by the conservancy, in accordance with the purposes set
forth in Section 33815.

(e) Enter into an agreement with a public agency, private entity,
or person necessary for the proper discharge of the conservancy’s
duties for the purposes set forth in Section 33815.

(f) Recruit and coordinate volunteers and experts to conduct
interpretive and recreational programs and assist with construction
projects and the maintenance of parkway facilities. To the extent
feasible, in carrying out the purposes of this division, the
conservancy shall utilize the services of the California Conservation
Corps and Community Conservation Corps, as defined in Section
14507.5, and if the California Conservation Corps or Community
Conservation Corps are not available, any other nonprofit
organization that the conservancy determines has relevant and
demonstrated capacity and expertise.

(g) Undertake, within conservancy lands, site improvement
projects, regulate public access, and revegetate and rehabilitate
degraded areas, in consultation with any other public agency with
appropriate jurisdiction and expertise, in accordance with the
purposes set forth in Section 33815. The conservancy may also,
within conservancy lands, upgrade deteriorating facilities and
construct new facilities as needed for outdoor recreation, nature
appreciation and interpretation, historic and cultural preservation,
and natural resources protection. The conservancy may undertake
those projects by itself or in conjunction with another local agency;
however, the conservancy shall provide overall coordination of
those projects by setting priorities for the projects and by ensuring
a uniform approach to projects. The conservancy may undertake
those projects after 30 days’ written notice to the legislative body
of the local agency that has jurisdiction in the area in which the
conservancy proposes to undertake that activity.

33844.  

(a) The conservancy may award grants or interest-free
loans to local public and state agencies for purposes of this division.

(b) The conservancy may award grants to nonprofit
organizations for the acquisition of real property or interests in
real property, within the territory, which shall be subject to all of
the following conditions:

(1) The purchase price of an interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.

(2) The conservancy approves the terms under which the interest
in land is acquired.

(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for a debt incurred by
the nonprofit organization unless the conservancy approves the
transaction.

(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient
to protect the interests of the state.

(5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state funds,
that may be exercised if an essential term or condition of the grant
is violated.

(6) If the existence of the nonprofit organization is terminated,
title to all interests in real property acquired with state funds shall
immediately vest in the state, except that, prior to that termination,
another public agency or nonprofit organization may receive title
to all or a portion of that interest in real property, by recording its
acceptance of title, together with the conservancy’s approval, in
writing.

(c) A deed or other instrument of conveyance whereby real
property is acquired by a nonprofit organization pursuant to this
section shall be recorded and shall set forth the executory interest
or right of entry on the part of the state.

33845.  

(a) The Santa Ana River Conservancy Fund is hereby
created in the State Treasury. Moneys in the fund shall be available,
upon appropriation, for the purposes of this division.

(b) The fee revenue and all other revenue received pursuant to
this division shall be deposited in the fund.

(c) The conservancy shall administer funds appropriated to it
and may expend those funds for capital improvements, land
acquisition, or support of the conservancy’s operations, in
accordance with the purposes set forth in Section 33815. The
conservancy may also accept revenue, money, grants, goods, or
services contributed to it by a public agency, private entity, or
person and, upon receipt, may use the revenue, money, grants,
goods, or services for capital improvements, land acquisitions, or
support of the conservancy’s operations, in accordance with the
purposes set forth in Section 33815.

33846.  

(a) On or before January 1, 2016, and, notwithstanding
Section 10231.5 of the Government Code, on or before January 1
annually thereafter, the conservancy shall submit a report to the
Governor and the Legislature on progress made to further the
purposes of this division. The report shall include, but is not limited
to, a list of projects undertaken, grants and loans acquired and
awarded, a schedule of prioritized projects for the next year, and
identification of future funding sources.

(b) A report submitted to the Legislature pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.

33847.  

(a) The conservancy may not implement Section 33845
until the Legislature appropriates funds necessary to implement
this division, or until a bond act approved by the voters of this
state includes an allocation of funds for the purposes of this
division.

(b) The Legislature shall not appropriate General Fund moneys
to implement this division.