BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: SB 1390 HEARING DATE: April 22, 2014
AUTHOR: Correa URGENCY: No
VERSION: February 21, 2014 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Santa Ana River Conservancy.
BACKGROUND AND EXISTING LAW
California has created a diverse assemblage of state
conservancies ranging from the very large (Coastal, Sierra
Nevada, and Santa Monica Mountains) to smaller conservancies
such as the Baldwin Hills Conservancy and the San Diego River
Conservancy. The other conservancies include the Coachella
Valley Mountains Conservancy, Tahoe Conservancy, Sacramento San
Joaquin Delta Conservancy, San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, and the San Joaquin River
Conservancy (which deals with 22 miles of that river.) These
conservancies have different missions, but common themes are to
enhance and restore important habitat lands, provide for public
recreation, educational opportunities, and undertake watershed
restoration activities. Conservancies frequently enter into
voluntary real estate transactions with landowners, and leverage
their investments with other public agencies on lands either
owned outright by the conservancy or on which easements are
purchased.
Except as noted below, all conservancies have a board of
directors, usually with representatives of specifically
designated interests of the State of California. Typically,
these slots are for the Resources Agency, Finance, or another
state agency. In addition, for most conservancies, the governor
names public voting members who, together with the designated
officials, comprise a majority. It has long been the policy of
the state to have a voting majority of each conservancy board
comprised of statewide appointees. A minority of each board is
typically comprised of local elected officials, special district
representatives, nonprofit organizations, and legislative
1
representatives appointed by the Speaker and Senate Rules. There
are often additional legislative ex officio members.
All but one conservancy has its own board of directors and
staff. That exception is the San Francisco Bay Conservancy which
is housed within the State Coastal Conservancy.
PROPOSED LAW
This bill would establish the Santa Ana River Conservancy. The
bill includes several findings regarding the lack of public
recreation areas in parts of Orange County, the significance of
the Santa Ana River watershed from an ecological perspective,
and other declarations.
The conservancy would be authorized to acquire lands located
within mile on either side of the riverbed of the river, to
manage those lands, to provide public recreational
opportunities, to restore and protect wetlands and agricultural
lands, and to improve water quality and floodwater protection in
the region, as well as providing public education opportunities.
The conservancy would also undertake planning to achieve the
listed objectives. It could not undertake activities that
infringe on water quality, water supply, or flood control.
Another major responsibility of the conservancy would be to
develop a Santa Ana River Parkway Open Space Plan. This plan
would identify actions that are consistent with the mission of
the conservancy and emphasize underused, existing public open
spaces that could enhance public use and enjoyment. The
conservancy would not be allowed to manage, regulate, or control
the use of any lands owned, leased, or otherwise used by another
public agency. Another aspect of the plan would be to identify
and prioritize additional low-impact recreational and open-space
needs, including additional or upgraded facilities and parks.
The conservancy would be governed by a 13-member board of
directors including the Secretary for Resources, Director of
Finance, a public member appointed by the Governor from
recommendations of conservation groups, three public members
appointed by the Governor who meet various criteria, one member
each from the Boards of Supervisors of Riverside, Orange, and
San Bernardino County, one member from the Santa Ana River
Watershed Project Authority, one member appointed by Senate
Rules and one member appointed by the Speaker, and one tribal
representative. Each member would serve for two years, except
2
for the secretary of resources and the director of finance.
Terms would also expire when board members (such as county
supervisors) are no longer in office. The bill contains other
terms and conditions that would apply to the conservancy and its
board such as compliance with Bagley-Keene Open Meeting Act,
definitions of a quorum, hiring of staff, use of advisory
committees, and other matters.
As with other conservancies, this bill would authorize the Santa
Ana River Conservancy to manage and maintain the lands that it
acquires, adopt regulations pertaining to those lands, and
collect reasonable fees. It could acquire lands either fee title
or easements or other interests in lands either itself, or
through arrangements with other third parties such as local
governments or nonprofits. It would be subject to the Property
Acquisition Law and could obtain property only from willing
sellers and at fair market value. The conservancy is authorized
to establish a mitigation land bank. It would be authorized to
exercise the right of first refusal for surplus public agency
property provided other legal requirements are observed.
For real estate transactions not identified in the Santa Ana
River Parkway and Open Space Plan, the conservancy would be
required to provide 30 day notice to an affected local agency.
The conservancy would be authorized to apply for grants, accept
bond funding, and would be prohibited from levying taxes or
regulating land use except on its own lands. It would not have
the power of eminent domain. It would also be subject to all
general and specific plans of local agencies.
The conservancy would be authorized to enter into real estate
transactions and real estate agreements with a variety of third
parties including local governments, nonprofits, and individuals
as well as to enter into land management contracts. It could
form a joint powers agreement.
It would be authorized to recruit volunteers although it is
directed to use California and local conservation corps services
if available.
The conservancy would be authorized to undertake a number of
projects on its lands, including site improvements, regulation
of public access, revegetation, and rehabilitation. These
projects could be undertaken in consultation or participation
with other public agencies. The conservancy is authorized to
construct or upgrade facilities for public education, public
3
recreation, and historic and cultural preservation. Local
governments are to be provided 30 days written notice of such
projects.
For real estate transactions, the conservancy may award grants
for acquisition provided the conservancy approves the terms of
the acquisition and the purchase price does not exceed fair
market value and otherwise complies with specified provisions in
the bill.
The conservancy's finances would be administered through a new
fund, called the Santa Ana River Conservancy Fund. Its budget
would be subject to appropriation by the Legislature, and that
fund would receive all revenues and fees payable to the
conservancy. The conservancy would be eligible to receive
donations, grants, or other revenues contributed or donated to
it.
The bill requires an annual report to the Governor and the
Legislature on its activities and financial data. The bill also
prohibits the creation of the fund (but not the conservancy)
until after voter approval of a bond with an allocation to the
conservancy. There is also a prohibition on the appropriation of
general fund dollars to the conservancy.
ARGUMENTS IN SUPPORT
According to the author, the Santa Ana River is an extraordinary
natural resource of statewide significance. Additionally, many
communities in that watershed have poor access to park space and
the river faces a number of water management issues. The
watershed has been subject to intense development and is in need
of restoration, conservation, and enhancement.
The river is the focal point of Southern California's largest
watershed, covering approximately 2.600 miles. It is contained
in portions of Orange, San Bernardino, and Riverside Counties.
The upland reach of the watershed including many tributaries of
the river contain important wildlife habitat. Much of the river
itself is an important public recreation option.
In 1969, the Army Corps of Engineers began installing concrete
lining in the river to channel as part of a flood control
project. Supporters of a new conservancy argue that
consideration should be given to restoring the natural function
of the river. Coordination of that effort would require
cooperation among numerous state and local and federal partners,
4
which they believe could be provided by the conservancy.
Friends of Harbors, Beaches, and Parks is an Orange County
organization in support, based on the numerous environmentally
sensitive locations along the river as well as opportune
community sites that would benefit from the assistance of a
conservancy. The California Watershed Network made the same
points.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
1. The author is aware that the initial and continuing costs of
establishing a new conservancy with a new board may subject the
bill to heightened scrutiny based on those fiscal costs as well
as opposition to a new governmental entity. The author is also
aware that in the case of the San Francisco Bay Conservancy that
those administrative costs were avoided or reduced by nesting
that conservancy within the larger umbrella of the Coastal
Conservancy. The Coastal Conservancy jurisdiction extends from
the coast to the headwaters of various rivers. The Santa Ana
River empties into the ocean in Orange County. Thus, it would be
appropriate for the Santa Ana River Conservancy to become a
program of the State Coastal Conservancy.
Not only were various administrative efficiencies achieved by
placing the San Franciso Bay Conservancy Program in the Coastal
Conservancy, but the program, which was established in 1997, has
been quite effective with that innovative organizational
structure. Since its inception, it has completed 425 projects,
protected 83,000 acres, helped provide 4 regional trails with
more than 200 miles of trail, received funding from the Coastal
Conservancy from bonds, and received $63 million in grants from
state and federal agencies, private foundations, and nonprofits.
2. The first suggested amendment would accomplish a similar
result and establish the Santa Ana River Program at the State
Coastal Conservancy. This change would necessitate re-numbering
the sections of this bill as well, although the sections used in
the bill are retained for the purposes of displaying these
amendments. Also, the amendments continue to use the word
"conservancy" although technically it will be known as the
"Santa Ana River Conservancy Program." This amendment also
deletes the reference to the governing board and the staff. Both
functions would be assigned to the Coastal Conservancy.
5
3. The second suggested amendment would retain the mile limit
on either side of the riverbed, except as otherwise agreed upon
by the conservancy and the affected local public agency . This
would allow the conservancy and local governments some
flexibility for future projects or acquisitions provided that
both parties are in agreement.
4. The third suggested amendment would modify a restriction on
the conservancy. The bill prohibits the conservancy from
managing or regulating lands "owned, leased, or otherwise used"
by another public agency. This amendment would delete the term
"otherwise used" and add "except with the written approval of
another public agency." There may be times when the conservancy
and the local government choose to have the conservancy involved
with lands owned by that local government.
5. The fourth suggested amendment would require notice to local
governments of land transactions by the conservancy, regardless
of whether those projects were included in the Santa Ana River
Parkway and Open Space Plan.
6. The fifth suggested amendment would delete Section 33847.
That section prohibits the conservancy from administering the
Santa Ana River Conservancy Fund until the Legislature
appropriates funds or a bond measure is approved by the voters.
It is conceivable that the conservancy could be established even
in the absence of either of those options and it is conceivable
that the conservancy could solicit funds from other sources.
Also, while it is uncommon for the Legislature to appropriate
General Fund dollars to conservancies, it does happen from time
to time and this conservancy would not be well-served by such a
prohibition.
There are other technical amendments mentioned below as well.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 2, line 5. The Santa Ana River Conservancy Program is
established pursuant to this chapter, to be administered by
6
the conservancy, to address the recreational and resource
goals of the Santa Ana River region, as identified pursuant
to Section 33815.
Delete Sections 33825 and 33826 (a)-(e) and 33830.
AMENDMENT 2
Page 3, line 29. Add, after "mile": "except for a greater
distance expressly authorized in a written agreement by and
between the conservancy and the local government whose
jurisdiction contains the affected land."
AMENDMENT 3
Page 4, page 23. Delete "otherwise used" and add, at end,
"without written permission."
AMENDMENT 4
Page 7, line 40 and page 8, lines 1-2: Delete "if that
project was not included in the Santa Ana River Parkway and
Open Space Plan."
AMENDMENT 5
Page 11, Lines 8-14. Delete.
Technical Amendments.
Page 7, line 13. Change "at" to "not to exceed"
Page 7, line 21. Delete " and may create and administer a
mitigation land bank."
Page 7, line 32. Put a "." After "Plan," delete "and," and
add "The conservancy"
Consistent with the first amendment, above, there are many
instances where "the conservancy" should be replaced with
"the program."
SUPPORT
Friends of Harbors, Beaches, and Parks
California Watershed Network
1 Individual
OPPOSITION
None Received
7
8