Amended in Senate April 29, 2014

Senate Bill No. 1390

Introduced by Senator Correa

February 21, 2014

An act to add begin delete Division 23.6 (commencing with Section 33807) end delete begin insert Chapter 4.6 (commencing with Section 31170) end insert to begin insert Division 21 of end insert the Public Resources Code, relating to the Santa Ana River begin delete Conservancy. end delete begin insert Conservancy Program. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1390, as amended, Correa. Santa Ana River begin delete Conservancy. end delete begin insert Conservancy Program. end insert

begin delete

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

end delete begin insert

Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing and administering various programs intended to preserve, protect, and restore the state’s coastal areas.

end insert

This bill would establish the Santa Ana River Conservancy begin insert Program, to be administered by the conservancy, end insert to acquire specified lands within 1⁄2 mile begin insert , or greater as provided, end insert on either side of the riverbed of the Santa Ana River and would prescribe the management, powers, and duties of the conservancy begin insert for purposes of the program end insert . The bill would also create the Santa Ana River Conservancy begin delete 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. end delete begin insert Program Account in the State Coastal Conservancy Fund and would authorize the conservancy to expend moneys in the account, upon appropriation, for land acquisition, capital improvements, and support of the program’s operations. end insert

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 begin delete conservancy end delete begin insert program end insert .

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

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

begin delete

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.  

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 4.6 (commencing with Section 31170)
is added to Division 21 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

 

begin insert

Chapter   begin insert 4.6. end insert begin insert Santa Ana River Conservancy Program end insert

end insert

 

begin insert

Article begin insert 1. end insert   begin insert General Provisions and Definitions end insert

end insert

begin insert

begin insert 31170. end insert   

end insert

This begin delete division end delete begin insert chapter end insert shall be known, and may be cited,
as the Santa Ana River Conservancy begin insert Program end insert Act.

begin delete 33808. end delete
begin insert 31171. end insert   

(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 begin insert Program end insert
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.

begin delete 33809. end delete
begin insert 31172. end insert   

For purposes of this begin delete division end delete begin insert chapter end insert , the following
terms have the following meanings:

begin delete

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

end delete begin delete

(b)

end delete

begin insert (a) end insert  “Conservancy” means the begin delete Santa Ana River end delete begin insert State Coastal end insert
Conservancy.

begin delete

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

end delete begin delete

(d)

end delete

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

begin delete

(e)

end delete

begin insert (c) end insert  “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.

begin insert

(d) “Program” means the Santa Ana River Conservancy
Program.

end insert begin insert

(e) “Program lands” means lands owned or managed by the
conservancy as part of the Santa Ana River Conservancy Program.

end insert

(f) “Territory” means those lands that are located within one-half
mile begin insert , or greater distance pursuant to paragraph (2) of subdivision
(a) of Section 31173, end insert 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.

begin delete

 

Chapter  2. The Santa Ana River Conservancy

 

end delete

begin delete

33815.  

There is in the Resources Agency, the

end delete

 

begin insert

Article begin insert 2. end insert   begin insert The Santa Ana River Conservancy Program end insert

end insert

 

begin insert

begin insert 31173. end insert   

end insert

begin insert The end insert Santa Ana River begin delete Conservancy, which is created as
a state agency for the following end delete begin insert Conservancy Program is
established pursuant to this chapter, to be administered by the
conservancy, to address the resource and recreational goals of
the Santa Ana River corridor as identified in this chapter. The
program shall have all of end insert purposes:

(a)  begin insert (1) end insert begin insert   end insert To acquire lands that are located within one-half mile
on either side of the riverbed of the Santa Ana River, to manage
begin delete conservancy end delete begin insert program end insert 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.

begin insert

(2) Lands that are located more than one-half mile on either
side of the riverbed of the Santa Ana River may be acquired if the
acquisition is expressly authorized in a written agreement by and
between the conservancy and the local government whose
jurisdiction contains the affected lands.

end insert

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

begin delete 33820. end delete
begin insert 31174. end insert   

The conservancy begin insert , in administering the program, end insert shall
do all of the following:

(a) Establish policies and priorities begin delete for the conservancy end delete regarding
the Santa Ana River, and conduct necessary planning activities,
in accordance with the purposes set forth in Section begin delete 33815 end delete begin insert 31173 end insert .

(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 begin delete 33815 end delete begin insert 31173 end insert without infringing on water quality, water
supply, and necessary flood control.

(c) Approve conservancy-funded projects that advance the
purposes set forth in Section begin delete 33815 end delete begin insert 31173 end insert .

(d) Prepare a Santa Ana River Parkway and Open Space Plan,
that shall accomplish, at begin insert a end insert 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 begin delete conservancy end delete begin insert program end insert set forth in Section begin delete 33815 end delete begin insert 31173 end insert .

(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 begin delete owned, leased, or otherwise used end delete
begin insert owned or leased end insert by another public agency begin insert , except as provided
pursuant to a written agreement with that public agency end insert .

(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.

begin delete

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

end delete

begin insert

begin insert 31175. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The conservancy end insert shall create an advisory group
and may create ad hoc panels. The begin delete board end delete begin insert conservancy end insert shall
determine the size and composition of membership, candidate
qualifications, and the selection process for an advisory group or
ad hoc panel.

begin delete

(2)

end delete

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

begin delete

(3) The board

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert begin insert conservancy end insert may establish operational guidelines for
the advisory group or ad hoc panels.

begin delete

(4)

end delete

begin insert (d) end insert  A donation of funds secured through activities of the
advisory group or ad hoc panels shall be deposited in the Santa
Ana River Conservancy begin delete Fund end delete begin insert Program Account end insert .

begin delete

(5)

end delete

begin insert (e) end insert  All reports, statements, or advice issued by the advisory
group or ad hoc panels may be received and filed, implemented,
or rejected by the begin delete board end delete begin insert conservancy end insert .

begin delete

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

 

end delete

begin delete

33840.  

end delete

 

begin insert

Article begin insert 3. end insert   begin insert Powers and Duties end insert

end insert

 

begin insert

begin insert 31176. end insert   

end insert

(a) The conservancy shall manage, operate, administer,
and maintain the begin delete conservancy end delete begin insert program end insert lands and facilities in
accordance with the purposes set forth in Section begin delete 33815 end delete begin insert 31173 end insert .

(b) The conservancy may adopt regulations governing public
use of begin delete conservancy end delete begin insert program end insert 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 begin delete may end delete begin insert shall end insert not exceed the
reasonable cost of maintaining and operating the land or providing
the services rendered by the conservancy.

begin delete 33841. end delete
begin insert 31177. end insert   

(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 begin insert a price that shall not to exceed end insert fair market value, upon a
finding that the acquisition is consistent with the purposes of the
begin delete conservancy end delete begin insert program end insert as set forth in Section begin delete 33815 end delete begin insert 31173 end insert . 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, begin delete and may create
and administer a mitigation land bank end delete and arrange land exchanges,
consistent with the purposes set forth in Section begin delete 33815 end delete begin insert 31173 end insert . The
overall objective of the land acquisition begin delete program end delete shall be to assist
in accomplishing land transactions that are mutually beneficial to
the landowner and the conservancy, and that meet the
begin delete conservancy’s end delete begin insert program’s end insert 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 begin delete conservancy end delete begin insert program end insert , as set forth in Section begin delete 33815 end delete begin insert 31173 end insert ,
subject to the conditions and provisions of the adopted Santa Ana
River Parkway and Open Space begin delete Plan, and end delete begin insert Plan. The program end insert 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
begin delete division end delete begin insert chapter end insert , 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 begin delete agency, if that project
was not included in the Santa Ana River Parkway and Open Space
Plan. end delete begin insert agency. end insert

(d) The conservancy may apply for grants from any source to
be used for the purposes of this begin delete division end delete begin insert chapter end insert . The proceeds of
the grants shall be deposited in the Santa Ana River Conservancy
begin delete Fund, end delete begin insert Program Account, end insert as specified in Section begin delete 33845 end delete begin insert 31181 end insert .

begin delete 33842. end delete
begin insert 31178. end insert   

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

(b) The conservancy begin delete may end delete begin insert shall end insert not levy a tax.

(c) The conservancy begin delete may end delete begin insert shall end insert 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.

begin delete

33843.  

The

end delete

begin insert

begin insert 31179. end insert   

end insert

begin insert For purposes of this chapter, the end insert 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 begin delete 33815 end delete
begin insert 31173 end insert .

(c) Lease, rent, sell, exchange, or transfer real property or an
interest in real property or an option acquired under this begin delete division end delete
begin insert chapter end insert 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
begin delete 33815 end delete begin insert 31173 end insert .

(d) Initiate, negotiate, and participate in an agreement for the
management of begin delete conservancy end delete begin insert program end insert 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 begin delete 33815 end delete begin insert 31173 end insert .

(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 begin delete 33815 end delete begin insert 31173 end insert .

(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 begin delete division end delete begin insert chapter end insert , 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 begin delete conservancy end delete begin insert program end insert 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 begin delete 33815 end delete begin insert 31173 end insert . The
conservancy may also, within begin delete conservancy end delete begin insert program end insert 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.

begin delete 33844. end delete
begin insert 31180. end insert   

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

(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 begin delete may end delete begin insert shall end insert 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 begin delete may end delete begin insert shall end insert 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.

begin delete 33845. end delete
begin insert 31181. end insert   

(a) The Santa Ana River Conservancy begin delete Fund end delete begin insert Program
Account end insert is hereby created in the State begin delete Treasury. end delete begin insert Coastal
Conservancy Fund. end insert Moneys in the begin delete fund end delete begin insert account end insert shall be available,
upon appropriation, for the purposes of this begin delete division. end delete begin insert chapter. end insert

(b) The fee revenue and all other revenue received pursuant to
this begin delete division end delete begin insert chapter end insert shall be deposited in the begin delete fund. end delete begin insert account. end insert

(c) The conservancy shall administer funds appropriated to it
begin insert for the program end insert and may expend those funds for capital
improvements, land acquisition, begin delete or end delete begin insert and end insert support of the
begin delete conservancy’s end delete begin insert program’s end insert operations, in accordance with the
purposes set forth in Section begin delete 33815 end delete begin insert 31173 end insert . 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, begin delete or end delete begin insert and end insert support of the
begin delete conservancy’s end delete begin insert program’s end insert operations, in accordance with the
purposes set forth in Section begin delete 33815 end delete begin insert 31173 end insert .

begin delete 33846. end delete
begin insert 31182. end insert   

(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 begin delete division end delete begin insert chapter end insert . 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.

begin delete

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.

end delete

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CORRECTIONS:

Text--Page 4.

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