Bill Text: CA SB1027 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: San Diego River Conservancy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-19 - Chaptered by Secretary of State. Chapter 448, Statutes of 2022. [SB1027 Detail]

Download: California-2021-SB1027-Amended.html

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Amended  IN  Senate  March 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1027

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Introduced by Senator Atkins

February 15, 2022

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An act to amend Section 12805.2 Sections 32632, 32634, and 32644 of the Government Public Resources Code, relating to state government. the San Diego River Conservancy.

LEGISLATIVE COUNSEL'S DIGEST

SB 1027, as amended, Atkins. Natural Resources Agency: database: lands and easements. San Diego River Conservancy.

The San Diego River Conservancy Act establishes the San Diego River Conservancy in the Natural Resources Agency, and prescribes the territory, functions, and duties of the conservancy with regard to, among other things, the acquisition, protection, and management of public lands within the San Diego River area, as defined. The act provides that the conservancy has all rights and powers, expressed or implied, necessary to carry out the purposes of the act. The act limits the jurisdiction of the conservancy to the San Diego River area, as defined.

This bill would modify the definition of the San Diego River area and would limit the jurisdiction of the conservancy to the San Diego River watershed. The bill would also revise the definition of a tribal nation under the act to mean a federally recognized Kumeyaay Band or California Native American tribe, as specified.

Under the act, the governing board of the conservancy consists of 15 voting members, including the Mayor of San Diego or their designee, and 2 nonvoting members, as specified.

This bill would delete the Mayor of San Diego or their designee as a member and would instead include one member of the City Council of El Cajon, elected by a majority of the membership of the council, as a member of the governing board.

Existing law requires the Natural Resources Agency to develop and maintain a database of lands and easements that have been acquired by the departments and boards within the agency.

This bill would require the Natural Resources Agency to maintain an interactive statewide map of those lands and easements and would require that the interactive map be made available, as feasible, to the public on the agency’s internet website. The bill would make additional nonsubstantive changes.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 32632 of the Public Resources Code is amended to read:

32632.

 For the purposes of this division, the following terms have the following meanings:

(a) “Conservancy” means the San Diego River Conservancy established by this division.

(b) “Fund” means the San Diego River Conservancy Fund established pursuant to Section 32657.

(c) “Governing board” means the governing board of the conservancy.

(d) “Historic flumes” means both of the following:

(1) The Padre Dam flume built by Native Americans along the San Diego River to convey water from the Mission Dam to the Mission San Diego de Alcala in the early 1800s.

(2) The flume built by the San Diego Flume Company in the late 1880s to convey water from a diverting dam on the upper San Diego River to the eastern edge of the City of San Diego.

(e) “Local public agency” means a city, county, district, or joint powers agency.

(f) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation of land for scientific, historic, educational, recreational, scenic, or open-space opportunities, the protection of the natural environment, or preservation or enhancement of wildlife.

(g) “San Diego River area” or “area” means those lands or other areas that are donated to, or otherwise acquired by, or operated by, the conservancy, which are located within one-half mile on either side of the thread of the river and its tributaries including the historic flumes emanating from the river, from its headwaters near Julian to the Pacific Ocean at Dog Beach in San Diego, and other properties located within the watershed of the San Diego River that meet the intent of this division as approved on a case-by-case basis by a two-thirds majority vote of the governing board. River.

(h) “Tribal nation” means a federally recognized tribe Kumeyaay Band or California Native American tribe on the Native American Heritage Commission contact list within traditional Kumeyaay territory traditionally and culturally affiliated with the County of San Diego.

SEC. 2.

 Section 32634 of the Public Resources Code is amended to read:

32634.

 (a) The governing board of the conservancy shall consist of 15 voting members and two nonvoting members.

(b) The voting members of the board shall consist of the following:

(1) The Secretary of the Natural Resources Agency, or his or her their designee.

(2) The Director of Finance, or his or her their designee.

(3) The Director of Parks and Recreation, or his or her their designee.

(4) The Director of Fish and Wildlife, or his or her their designee.

(5) A representative of the Colorado Desert District of the Department of Parks and Recreation, or his or her their designee.

(6) Five members of the public at large, three of whom shall be appointed by the Governor, one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly.

(7) The Mayor of San Diego, or his or her designee. One member of the City Council of El Cajon, elected by a majority of the membership of the council.

(8) One member of the City Council of San Diego, elected by a majority of the membership of the council.

(9) One member of the Board of Supervisors of the County of San Diego, whose district includes the preponderance of the San Diego River watershed.

(10) One member of the Kumeyaay Diegueño Land Conservancy board of directors, elected by a majority of the membership of that board, or his or her their designee.

(11) One member of the City Council of Santee, elected by a majority of the membership of the council.

(c) The two nonvoting members shall consist of the following:

(1) The Executive Director of the Wildlife Conservation Board, or his or her their designee.

(2) A representative selected by the San Diego Regional Water Quality Control Board.

(d) Two of the three initial appointments by the Governor pursuant to paragraph (4) of subdivision (b) shall be for three-year terms and the third appointment shall be for a two-year term. All subsequent appointments shall be for four-year terms.

(e) A person shall not continue as a member of the governing board if that person ceases to hold the office that qualifies that person for membership. Upon the occurrence of those events, the person’s membership on the governing board shall automatically terminate.

SEC. 3.

 Section 32644 of the Public Resources Code is amended to read:

32644.

 The jurisdiction of the conservancy is limited to the watershed of the San Diego River Area. River.

SECTION 1.Section 12805.2 of the Government Code is amended to read:

12805.2.

(a)The Natural Resources Agency, in consultation with each department, board, conservancy, and commission within the agency, shall develop and maintain a database of lands and easements that have been acquired by the departments and boards within the Natural Resources Agency. The database shall, at a minimum, include all of the following:

(1)The name of the owner of the land or easement.

(2)The location of the land or easement.

(3)The statutory authority for the acquisition of the land or easement.

(b)In conjunction with the database described in subdivision (a), the Natural Resources Agency shall do all of the following:

(1)On or before September 1, 2002, and each year thereafter, request that all departments, boards, commissions, and conservancies within the Natural Resources Agency provide the Secretary of the Natural Resources Agency with information on any acquisitions of land or funding that was directed to the acquisition of land, undertaken by the department, board, commission, or conservancy.

(2)To the extent that the information is available, on or before January 10, 2003, and each year thereafter, require that all departments, boards, commissions, and conservancies within the Natural Resources Agency provide the Secretary of the Natural Resources Agency with general information, including a general geographic description of land acquisition priorities and potential funding sources during the next fiscal year.

(3)To the extent feasible, review and evaluate any available information from federal agencies pertaining to its land acquisition activities to coordinate and better understand the impact on California state proposals.

(4)Provide a report to the Governor and the Legislature on or before December 31, 2003, and each year thereafter, that does both of the following:

(A)Describes the amount of land acquired by each department, board, commission, and conservancy within the Natural Resources Agency during the past year and the amount of money spent for the acquisition.

(B)Projects the approximate amount of land that will be acquired by the Natural Resources Agency during the following year.

(5)Provide the report described in paragraph (4) to the Secretary of Food and Agriculture and the Director of Conservation.

(6)Establish a uniform open process to ensure that information is readily available to the general public, local, state, and federal agencies, adjacent landowners, and other interested parties of record regarding any state hearings to approve proposed state land acquisitions.

(7)Develop strategies with local, state, and federal agencies so that a revenue stream is established to ensure management plans are adequately funded for all new acquisitions.

(c)The Natural Resources Agency shall maintain an interactive statewide map of the lands and easements described in subdivision (a) that shall be made available, as feasible, to the public on the Natural Resources Agency’s internet website.

(d)This section shall be implemented only during those fiscal years for which funding is provided for the purposes of this section in the annual Budget Act or in another measure.