BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1390|
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THIRD READING
Bill No: SB 1390
Author: Correa (D)
Amended: 4/29/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/22/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/23/14
AYES: De Le�n, Gaines, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters
SUBJECT : Santa Ana River Conservancy Program
SOURCE : Author
DIGEST : This bill establishes the Santa Ana River Conservancy
Program (Program), to be administered by the State Coastal
Conservancy (Conservancy), for purposes of acquiring specified
lands within one-half mile, or greater as provided, on either
side of the riverbed of the Santa Ana River and prescribes the
management, powers, and duties of the Conservancy for purposes
of the Program. Establishes the Santa Ana River Conservancy
Program Account (Account) within the Conservancy Fund.
ANALYSIS : Existing law establishes the Conservancy with
prescribed powers and responsibilities for implementing and
administering various programs intended to preserve, protect,
and restore the state's coastal areas.
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This bill:
1. Establishes the Program, and 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.
2. Requires the Program to address the resource and
recreational goals of the Santa Ana River corridor by
acquiring lands located within one-half mile on either side
of the riverbed of the Santa Ana 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.
3. Specifies that 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.
4. Requires the Conservancy, in administering the Program, to
undertake necessary planning activities to achieve the
specified objectives. It may not undertake activities that
infringe on water quality, water supply, or flood control.
5. Requires the Conservancy to develop a Santa Ana River
Parkway Open Space Plan. This plan will identify actions
that are consistent with the mission of the Program and
emphasize underused, existing public open spaces that can
enhance public use and enjoyment. Prohibits the Conservancy
from managing, regulating, or controlling the use of any
lands owned or leased, used by another public agency, except
as provided pursuant to a written agreement with that public
agency. Another aspect of the plan will be to identify and
prioritize additional low-impact recreational and open-space
needs, including additional or upgraded facilities and parks.
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6. Requires the Conservancy to create an advisory group and
authorizes the Conservancy to create ad hoc panels. The
Conservancy must determine the size and composition of
membership, candidate qualifications, and the selection
process for an advisory group or ad hoc panel. Authorizes
members of the advisory group or ad hoc panels to offer
advice, expertise, support, or service to the Conservancy,
without compensation. Authorizes the Conservancy to
establish operational guidelines for the advisory group or ad
hoc panels. Requires that a donation of funds secured
through activities of the advisory group or ad hoc panels
must be deposited in the Account. Specifies that all
reports, statements, or advice issued by the advisory group
or ad hoc panels may be received and filed, implemented, or
rejected by the Conservancy.
7. Authorizes the Conservancy to manage and maintain the
Program lands that it acquires, adopt regulations pertaining
to those lands, and collect reasonable fees. It can acquire
lands by fee title, easement, or other interests in lands
either itself, or through arrangements with other third
parties such as local governments or nonprofits. It will be
subject to the Property Acquisition Law and may obtain
property only from willing sellers and at fair market value.
Authorizes the Conservancy to hold a remainder interest in
property in those instances in which an owner desires to sell
the property and retain a life estate, and arrange land
exchanges, consistent with the purposes of this bill. The
overall objective of the land acquisition shall be to assist
in accomplishing land transactions that are mutually
beneficial to the landowner and the Conservancy, and that
meet the Program's purposes.
8. Requires the Conservancy, for real estate transactions not
identified in the Santa Ana River Parkway and Open Space
Plan, to provide 30 day notice to an affected local agency.
9. Authorizes the Conservancy to apply for grants, accept bond
funding, but will be prohibited from levying taxes or
regulating land use except on its own lands. It will not
have the power of eminent domain. It will also be subject to
all general and specific plans of local agencies.
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10.Authorizes the Conservancy 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 may form a joint powers agreement.
11.Authorizes the Conservancy to recruit volunteers although it
is directed to use California and local conservation corps
services if available.
12.Authorizes the Conservancy to undertake, within Program
lands, a number of projects, including site improvements,
regulation of public access, revegetation, and
rehabilitation. These projects may be undertaken in
consultation or participation with other public agencies.
Authorizes the Conservancy to construct or upgrade facilities
for public education, public recreation, and historic and
cultural preservation. Local governments are to be provided
30 days written notice of such projects.
13.Allows the Conservancy, for real estate transactions, to
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 this bill.
14.Creates the Account in the Conservancy Fund and authorizes
the Conservancy to expend monies in the Account, upon
appropriation, for land acquisition, capital improvements,
and support of the Program's operations. The Conservancy is
also eligible to receive revenue, money, grants, goods, or
services contributed to it by a public agency, private
entity, or person for capital improvements, land
acquisitions, and support of the Program's operations
15.Requires 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
Program.
Background
California has created a diverse assemblage of state
conservancies ranging from the very large (Coastal, Sierra
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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
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 Coastal Conservancy.
Comments
According to the author's office, 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 Santa Ana 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.
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The Santa Ana 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 Santa Ana River contain important wildlife
habitat. Much of the Santa Ana River itself is an important
public recreation option.
In 1969, the Army Corps of Engineers began installing concrete
lining in the Santa Ana 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 Santa Ana River. Coordination of that effort will
require cooperation among numerous state and local and federal
partners, which they believe could be provided by the
Conservancy.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs of up to $100,000 from the Proposition 84
(General Fund) to the Conservancy to develop a Santa Ana River
Parkway and Open Space Plan.
Ongoing cost pressures in the millions of dollars to existing
and future bond and General Fund monies for projects under the
Program.
SUPPORT : (Verified 5/23/14)
Amigos de Bolsa Chica
California Watershed Network
Friends of Harbors, Beaches, and Parks
Nature Conservancy
Orange County Conservation Corps
Tri County Conservation League
Watershed Network
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OPPOSITION : (Verified 5/23/14)
City of Highland
Eastern Municipal Water District
Inland Empire Utilities Agency
San Bernardino Valley Municipal Water District
Western Municipal Water District
RM:nl:d 5/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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