BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1390|
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UNFINISHED BUSINESS
Bill No: SB 1390
Author: Correa (D)
Amended: 8/21/14
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
SENATE FLOOR : 30-2, 5/27/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Jackson, Knight, Lara, Leno,
Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Torres,
Wolk, Wyland
NOES: Nielsen, Vidak
NO VOTE RECORDED: Calderon, Huff, Lieu, Liu, Morrell, Walters,
Wright, Yee
ASSEMBLY FLOOR : 59-18, 8/26/14 - See last page for vote
SUBJECT : Santa Ana River Conservancy Program
SOURCE : Author
DIGEST : This bill establishes the Santa Ana River Conservancy
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Program (Program) within the State Coastal Conservancy
(Conservancy) to address the resource and recreational goals of
the Santa Ana River corridor. This bill requires SCC to prepare
a Santa Ana River Parkway and Open Space Plan as specified.
Assembly Amendments revise and recast the bill with similar
intent as it left the Senate; authorize the Conservancy to
acquire interests and options in real property instead of to
acquire specified lands within 1/2 mile on either side of the
riverbed of the Santa Ana River; address the resource and
recreational goals of the Santa Ana River region; provide that
the specified advisory group may be comprised of members of the
environmental community, local government, local agencies, and
public and private representatives, as specified; and make other
conforming and technical changes.
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.
This bill:
1. Provides that the Conservancy may undertake projects and
award grants and loans to public agencies and nonprofit
organizations to help achieve all of the following goals of
the Program:
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 Program lands in
a manner consistent with the protection of land and natural
resources, and economic resources in the area.
1. Requires, in administering the Program, the Conservancy to
do all of the following:
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A. Create an advisory group to offer advice, expertise,
support, or service to the Conservancy, without
compensation.
B. Prepare a Santa Ana River Parkway and Open Space Plan
that shall, at minimum, do all of the following:
Determine the policies and priorities for
conserving the Santa Ana River and its watershed.
Identify underused, existing public open
spaces and recommend ways to provide better public use
and enjoyment in those areas.
Identify and prioritize additional low-impact
recreational and open-space needs, including
additional or upgraded facilities and parks that may
be necessary or desirable.
A. 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.
B. Implement the Program in conformance with all related
general and specific plans and zoning regulations of local
agencies within the Santa Ana River region.
C. Provide for Program lands and facilities to be operated
and maintained in accordance the purpose of this chapter.
1. Provides that, in carrying out the purposes of this bill,
and without limiting the express or implied powers of the
Conservancy in implementing other provisions of this bill,
the Conservancy shall have, and may exercise, all necessary
rights and powers, expressed or implied, except as otherwise
provided in this chapter. Without limitation, the
Conservancy may do all of the following:
A. Acquire interests and options in real property and make
acquisition grants for these purposes. With respect to
real property acquisitions by the Conservancy of watersheds
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and lands that are within the Santa Ana River region but
not within one-half mile on either side of the riverbed of
the Santa Ana River, the Conservancy shall provide to the
city or county with geographic jurisdiction over the
affected real property 30 days' written notice of the
Conservancy's intent, unless the city or county agrees to
accept less notice in a given case.
B. Exercise a right of first refusal, to the extent not in
conflict with another law, for surplus public agency
property located within the Santa Ana River region,
consistent with the Santa Ana River Parkway and Open Space
Plan.
C. Lease, rent, sell, exchange, or transfer interests in
real property.
D. Undertake or fund projects to implement site
improvements, upgrade deteriorating facilities or construct
new facilities for outdoor recreation, public access,
nature appreciation and interpretation; historic and
cultural preservation; or protection, restoration, or
enhancement of natural resources and habitat. If the
Conservancy intends to undertake a project directly, the
Conservancy shall provide 30 days' written notice to the
city or county with geographic jurisdiction over the
affected real property, unless the city or county agrees to
accept less notice in a given case.
E. Provide for the management of Program lands.
F. 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 shall not exceed the
reasonable cost of maintaining and operating the land or
providing the services rendered by the Conservancy.
G. The Conservancy may apply for and accept grants, gifts,
donations of money and property, subventions, rents,
royalties, and other assistance from public and private
sources. These funds shall be deposited in the Santa Ana
River Conservancy Program Account, as specified for use in
furthering the Program.
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H. Recruit and coordinate volunteers and experts to conduct
interpretive and recreational programs, and assist with
construction projects and the maintenance of facilities.
I. Enter into contracts and joint powers agreements.
1. Provides that the Conservancy is subject to all laws,
regulations, and general and specific plans of the
legislative body of the city or county with geographic
jurisdiction over the area in which the Conservancy proposes
to take an action.
2. Provides that the Conservancy shall not do of the following:
A. Exercise the power of eminent domain.
B. Manage, regulate, or control the use of any land owned
or leased by another public agency, except as provided
pursuant to a written agreement with that public agency.
C. Levy a tax.
D. Take an action that interferes, conflicts with, impedes,
adversely impacts or prevents the planning and
implementation of transportation projects and programs
contained in the regional transportation plan, approved and
maintained, from time to time, by the Southern California
Association of Governments.
E. Act to affect any water right or water-resource facility
in the Santa Ana River region without the consent of the
affected party.
1. Creates the Santa Ana River Conservancy Program Account
(Account) in the State Coastal Conservancy Fund. Monies in
the Account shall accrue interest and be available, upon
appropriation, for the purposes of this bill.
2. Requires all revenue, including fee revenue received, shall
be deposited in the Account.
3. Requires the Conservancy to administer funds appropriated to
it for the Program and may expend those funds for capital
improvements, land acquisition, and support of the Program's
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operations. The Conservancy may also accept money, grants,
goods, or services contributed to it by a public agency,
private entity, or person and, upon receipt, may use the
money, grants, goods, or services for capital improvements,
land acquisitions, and support of the Program's operations.
Background
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
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.
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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.
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.
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SUPPORT : (Verified 8/26/14)
Amigos de Bolsa Chica
California Conservation Corps
California Watershed Network
Endangered Habitats League
Friends of Harbors, Beaches, and Parks
Nature Conservancy
Orange County Conservation Corps
Tri County Conservation League
Trust for Public Land
Wildlands Conservancy
OPPOSITION : (Verified 8/26/14)
City of Highland
Department of Finance
ASSEMBLY FLOOR : 59-18, 8/26/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hagman,
Hall, Roger Hern�ndez, Holden, Jones-Sawyer, Levine, Linder,
Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian,
Nestande, Pan, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Weber, Wieckowski, Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Grove, Harkey, Jones, Logue, Mansoor,
Melendez, Olsen, Patterson, Wagner, Wilk
NO VOTE RECORDED: Gorell, Waldron, Vacancy
RM:nl:d 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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