BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1390
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          Date of Hearing:  June 23, 2014

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    SB 1390 (Correa) - As Amended:  June 12, 2014
           
          SUBJECT  :  Santa Ana River Conservancy Program

           SUMMARY  :  Creates the Santa Ana River Conservancy Program  
          (SARCP) to be administered by the State Coastal Conservancy  
          (SCC) to address the resources and recreational goals of the  
          Santa Ana River region, as specified.
           
           EXISTING LAW  :

          1)Establishes the SCC (within the Natural Resources Agency  
            (NRA)) for the purpose of implementing a program of  
            agricultural protection, area restoration, and resource  
            enhancement in the coastal zone within the policies and  
            guidelines established in the California Coastal Act.

          2)Requires SCC to consist of seven members: the chairperson of  
            the Coastal Commission; the Secretary of NRA; the Director of  
            Finance (Finance); four members of the public, of which two  
            shall be appointed by the Governor, one by the Senate, and one  
            by the Assembly.   Requires three appointed state  
            legislators-three from the senate and three from the  
            assembly-to meet with the SCC and participate in its  
            activities to the extent that such participation is not  
            incompatible with their respective positions as legislators.

          3)Establishes the San Francisco Bay Area Conservancy Program  
            (SFBACP) to be administered by the SCC to undertake and award  
            grants to public access and environmental projects in the nine  
            counties in the San Francisco Bay Area.

          4)Establishes nine other state conservancies that are  
            independent of the SCC: Baldwin Hills Conservancy; California  
            Tahoe Conservancy; Coachella Valley Mountains Conservancy;  
            Sacramento-San Joaquin Delta Conservancy; San Diego River  
            Conservancy; San Gabriel and Lower Los Angeles Rivers &  
            Mountains Conservancy; San Joaquin River Conservancy; Santa  
            Monica Mountains Conservancy; Sierra Nevada Conservancy. 

           THIS BILL  :  








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          1)Creates the SARCP to be administered by the SCC to address the  
            resources and recreational goals of the Santa Ana River  
            region.  

          2)Defines the "Santa Ana River region" as those lands that are  
            located within one-half mile on either side of the Santa Ana  
            River, or any tributaries, from its headwaters near the San  
            Gorgonio Wilderness Area to the Pacific Ocean at the Santa Ana  
            River Mouth Beach in Huntington Beach and adjacent watersheds  
            and lands.

          3)Authorizes the SCC to undertake projects and award grants and  
            loans to public agencies and nonprofit organizations to help  
            achieve all of the following goals of the SARCP:

             a)   Recreational opportunities, open space, trails, wildlife  
               habitat and species restoration, enhancement, 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, related educational use,  
               and natural floodwater conveyance.

             b)   Public access and enjoyment, and enhancement of  
               recreational and educational experience on SARCP lands in a  
               manner consistent with the protection of land and natural  
               resources, and economic resources in the area.

          4)In administering the SARCP, requires the SCC to do all of the  
            following:

             a)   Create an advisory group to offer advice, expertise,  
               support, or service to the SCC, without compensation.

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

               i)     Determine the policies and priorities for conserving  
                 the Santa Ana River and its watershed.

               ii)     Identify underused, existing public open spaces and  
                 recommend ways to provide better public use and enjoyment  
                 in those areas.









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

               iv)    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 without infringing on water quality,  
                 water supply, and necessary flood control.

               v)     Implement the SARCP in conformance with all related  
                 general and specific plans and zoning regulations of  
                 local agencies within the Santa Ana River region.

             c)   Provide for SARCP lands and facilities to be operated  
               and maintained in accordance this bill.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)One-time costs of up to $100,000 from the Proposition 84  
            (General Fund) to the SCC to develop a Santa Ana River Parkway  
            and Open Space Plan.

          2)Ongoing cost pressures in the millions of dollars to existing  
            and future bond and General Fund monies for projects under the  
            SARCP.



           COMMENTS  :

           1)Purpose of the bill  .  According to the author:

               The Santa Ana River is an extraordinary natural  
               resource of statewide significance.  Unfortunately,  
               many communities in the Santa Ana River 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.

               SB 1390 would establish the Santa Ana River  








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               Conservancy Program within the State Coastal  
               Conservancy, which will help develop open space and  
               recreational opportunities; restore and preserve  
               wildlife habitat and natural resources; and enhance  
               conservation efforts.  

           2)The Santa Ana River  .  One of the largest river systems in  
            Southern California, the Santa Ana River has largely been  
            channelized, diverted, and urbanized to the point that most of  
            it is unrecognizable as a river.  However, the upper  
            headwaters of the river in the San Bernardino Mountains still  
            retain a free flowing character and outstanding natural  
            values.

            The headwaters of the Santa Ana River begin just north of the  
            San Gorgonio Wilderness on the San Benardino National Forest.   
            The Santa Ana flows westerly through more than 20 miles of  
            public lands managed by the U.S. Forest Service.  Once beyond  
            the mountains and the National Forest boundary, the river  
            flows first between levees and then through concrete channels  
            on its nearly 100 mile trek through the Southern California  
            urban landscape to the Pacific Ocean.

            As stated in this bill, 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.

           3)Background on Conservancies  .  California has created several  
            state conservancies ranging from the very large (SCC, 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. 








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            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 NRA, 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 Assembly Speaker and Senate  
            Rules Committee.  There are often additional legislative ex  
            officio members. 

            All but one conservancy has its own board of directors and  
            staff.  That exception is the SFBACP, which is housed within  
            the SCC.  Similar to the SFBACP, this bill creates the SARCP,  
            which is to be housed within the SCC.  As stated in the bill,  
            the goal of the SARCP is to provide the state with the  
            necessary structure to plan and implement restoration and  
            preservation projects and recreation opportunities, and  
            enhance the overall condition of the Santa Ana River.

           4)Suggested Amendments  .   The author and the committee may wish  
            to consider minor, cleanup amendments that address the  
            concerns and comments of various water districts and agencies  
            that have an interest in the bill.   Committee staff will  
            provide these proposed amendments at the committee hearing.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Amigos de Bolsa Chica
          Santa Ana River Trail and Parkway Partnership
          Tri-County Conservation League, Inc.

           Opposition 
           
          None on file

           
          Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916)  








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          319-2092