BILL NUMBER: SB 1390 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY JULY 2, 2014
AMENDED IN ASSEMBLY JUNE 12, 2014
AMENDED IN SENATE APRIL 29, 2014
INTRODUCED BY Senator Correa
FEBRUARY 21, 2014
An act to add Chapter 4.6 (commencing with Section 31170) to
Division 21 of the Public Resources Code, relating to the Santa Ana
River Conservancy Program.
LEGISLATIVE COUNSEL'S DIGEST
SB 1390, as amended, Correa. Santa Ana River Conservancy Program.
Existing law establishes the State Coastal 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 would establish the Santa Ana River Conservancy Program,
to be administered by the conservancy, to address the resource and
recreational goals of the Santa Ana River region. The bill would
authorize the conservancy to acquire interests and options in real
property and would prescribe the management, powers, and duties of
the conservancy for purposes of the program. The bill would also
create the Santa Ana River Conservancy Program Account in the State
Coastal Conservancy Fund and would authorize the conservancy to
expend moneys in the account, upon appropriation, for land
acquisition, capital improvements, and support of the program's
operations.
Existing law requires the conservancy, every 3 years, to prepare
and submit to the Governor and to the Legislature a report describing
progress that it made in achieving coastal conservancy objectives.
The bill would require the conservancy to include information
about the program in this report.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.6 (commencing with Section 31170) is added to
Division 21 of the Public Resources Code, to read:
CHAPTER 4.6. SANTA ANA RIVER CONSERVANCY PROGRAM
31170. The Santa Ana River Conservancy Program is hereby
established, to be administered by the conservancy, to address the
resource and recreational goals of the Santa Ana River region, as
provided in this chapter.
31171. The Legislature finds and declares all of the following:
(a) The Santa Ana River is the largest stream system in southern
California, covering an area of about 2,700 square miles in parts of
Orange, San Bernardino, Riverside, and Los Angeles Counties.
(b) The Santa Ana River region is home to one of the fastest
growing populations in the nation, which is expected to grow from its
current five million residents to ten million residents by 2050.
(c) Not all Orange County residents have equal access to green
space. The communities with the worst access to parks lie along the
river in north Orange County, with low-income levels and high
concentrations of people of color.
(d) Despite vast areas of parkland in the region, many communities
in San Bernardino and Riverside Counties are park poor, with less
than three acres of green space per 1,000 residents. This is
particularly true in the communities that were built out before the
development boom of the past few decades. As more working class
families moved to the area in search of jobs, the population in these
older neighborhoods swelled but public resources for parks and
recreation were not invested proportionally to the growth.
(e) 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.
(f) The establishment of the Santa Ana River Conservancy Program
will 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.
31172. For purposes of this chapter, the following terms have the
following meanings:
(a) "Program" means the Santa Ana River Conservancy Program.
(b) "Program lands" means interests in real property acquired,
managed, or subject to a project under this chapter.
(c) "Santa Ana River region" means those lands that are located
within one-half mile on either side of the riverbed of the Santa Ana
River, or any of its 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 as
described in paragraph (2) of subdivision (a) of Section 31175.
31173. 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 to, enjoyment of, 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.
31174. In administering the program, the conservancy shall,
consistent with the purposes of this chapter, do all of the
following:
(a) Create an advisory group to offer advice, expertise, support,
or service to the conservancy, without compensation. The
advisory group may be comprised of members of the environmental
community, local government, local agencies, and public and private
representatives, who are all involved in projects consistent with the
goals of this program pursuant to Section 31173.
(b) Prepare a Santa Ana River Parkway and Open Space Plan that
shall, at minimum, do all of the following:
(1) Determine the policies and priorities for conserving the Santa
Ana River and its watershed.
(2) Identify underused, existing public open spaces and recommend
ways to provide better public use and enjoyment in those areas.
(3) Identify and prioritize additional low-impact recreational and
open-space needs, including additional or upgraded facilities and
parks that may be necessary or desirable.
(c) 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.
(d) Implement the program in conformance with all related general
and specific plans and zoning regulations of local agencies within
the Santa Ana River region.
(e) Provide for program lands and facilities to be operated and
maintained in accordance with the purposes of this
chapter.
31175. In carrying out the purposes of this chapter, and without
limiting the express or implied powers of the conservancy in
implementing other provisions of this division, 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) (1) Acquire interests and options in real property and make
acquisition grants for these purposes.
(2) With respect to real property acquisitions by the conservancy
of watersheds 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, adopted pursuant to subdivision
(b) of Section 31174.
(c) Lease, rent, sell, exchange, or transfer interests in real
property.
(d) (1) 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.
(2) 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 in Section 31179, for use in furthering the program.
(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.
(j) Sue and be sued.
31176. (a) The conservancy shall, as necessary and appropriate,
cooperate and consult with a public water or wastewater
system before the conservancy acquires an interest in real property,
or awards a grant, that affects facilities and appurtenant land owned
or operated by the public water or wastewater system.
(b) The conservancy shall, as necessary and appropriate, cooperate
and consult with the department before the conservancy acquires an
interest in real property, or awards a grant, that affects facilities
and appurtenant land owned or operated by the department.
31177. (a) Notwithstanding Section 31175, 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.
(b) Notwithstanding Section 31175, the conservancy shall not do
any of the following:
(1) Exercise the power of eminent domain in implementing this
chapter.
(2) 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.
(3) Levy a tax.
(4) 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.
(5) Act to affect any water right or water-resource facility,
including any publicly owned water treatment works, in the Santa Ana
River region and watershed without the consent of the affected party.
31178. To the extent feasible, in carrying out the purposes of
this chapter, the conservancy shall utilize the services of the
California Conservation Corps and Community Conservation Corps, as
defined in Section 14507.5.
31179. (a) The Santa Ana River Conservancy Program Account is
hereby created in the State Coastal Conservancy Fund. Moneys in the
account shall accrue interest and be available, upon appropriation,
for the purposes of this chapter.
(b) All revenue, including fee revenue received pursuant to this
chapter, shall be deposited in the account.
(c) The conservancy shall administer funds appropriated to it for
the program and may expend those funds for capital improvements, land
acquisition, and support of the program's 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 for purposes of this chapter.
31180. The conservancy shall include information about the
program in its report to the Governor and Legislature pursuant to
Section 31108.