Bill Text: CA SB1390 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Santa Ana River Conservancy Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 562, Statutes of 2014. [SB1390 Detail]
Download: California-2013-SB1390-Introduced.html
Bill Title: Santa Ana River Conservancy Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 562, Statutes of 2014. [SB1390 Detail]
Download: California-2013-SB1390-Introduced.html
BILL NUMBER: SB 1390 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Correa
FEBRUARY 21, 2014
An act to add Division 23.6 (commencing with Section 33807) to the
Public Resources Code, relating to the Santa Ana River Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1390, as introduced, Correa. Santa Ana River Conservancy.
Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state.
This bill would establish the Santa Ana River Conservancy to
acquire specified lands within 1/2 mile on either side of the
riverbed of the Santa Ana River and would prescribe the management,
powers, and duties of the conservancy. The bill would also create the
Santa Ana River Conservancy Fund, but would prohibit the conservancy
from implementing the funding authorization until the Legislature
appropriates, from other than General Fund moneys, or a bond act
approved by the voters allocates, the necessary funds.
The bill would require 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
conservancy.
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. Division 23.6 (commencing with Section 33807) is added
to the Public Resources Code, to read:
DIVISION 23.6. SANTA ANA RIVER CONSERVANCY
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
33807. This division shall be known, and may be cited, as the
Santa Ana River Conservancy Act.
33808. (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, 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) Portions of the Santa Ana River are considered polluted by the
United States Environmental Protection Agency. Pollutants include
lead and copper from discarded vehicle brake pads, and bacteria from
leaking sewers and septic tanks. Pollutants travel the length of the
river, exposing nearby communities to harmful chemicals and toxins.
(f) 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.
(g) The creation of the Santa Ana River Conservancy will provide
the state the necessary structure to plan restoration and
preservation projects and recreation opportunities, and enhance the
overall condition of the Santa Ana River.
33809. For purposes of this division, the following terms have
the following meanings:
(a) "Board" means the governing board of the Santa Ana River
Conservancy.
(b) "Conservancy" means the Santa Ana River Conservancy.
(c) "Conservancy lands" means lands owned by the conservancy.
(d) "Control" means possession, direct or indirect, of the power
to direct or cause the direction of management and policies.
(e) "Nonprofit organization" means a nonprofit public benefit
corporation that is formed pursuant to the Nonprofit Corporation Law
(Division 2 (commencing with Section 5000) of Title 1 of the
Corporations Code), qualified to do business in California, and
qualified under Section 501(c)(3) of Title 26 of the United States
Code, and that has among its primary purposes the preservation,
protection, or enhancement of land or water resources in their
natural, scenic, historical, agricultural, forested, or open-space
condition or use.
(f) "Territory" 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.
CHAPTER 2. THE SANTA ANA RIVER CONSERVANCY
33815. There is in the Resources Agency, the Santa Ana River
Conservancy, which is created as a state agency for the following
purposes:
(a) To acquire lands that are located within one-half mile on
either side of the riverbed of the Santa Ana River, to manage
conservancy lands, and to provide recreational opportunities, open
space, trails, wildlife habitat and species restoration 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, lands
for educational uses within the area, and natural floodwater
conveyance.
(b) To provide for the public's enjoyment, and to enhance the
recreational and educational experience on conservancy lands in a
manner consistent with the protection of land and natural resources,
and economic resources in the area.
33820. The conservancy shall do all of the following:
(a) Establish policies and priorities for the conservancy
regarding the Santa Ana River, and conduct necessary planning
activities, in accordance with the purposes set forth in Section
33815.
(b) 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 for the purposes set forth in
Section 33815 without infringing on water quality, water supply, and
necessary flood control.
(c) Approve conservancy-funded projects that advance the purposes
set forth in Section 33815.
(d) Prepare a Santa Ana River Parkway and Open Space Plan, that
shall accomplish, at minimum, all of the following:
(1) Determine the policies and priorities for conserving the Santa
Ana River and its watershed in accordance with the purposes of the
conservancy set forth in Section 33815.
(2) Identify underused, existing public open spaces and recommend
ways to provide better public use and enjoyment in those areas.
However, the conservancy shall not manage, regulate, or control the
use of any land owned, leased, or otherwise used by another public
agency.
(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.
33825. The board shall consist of 13 voting members appointed as
follows:
(a) Secretary of the Resources Agency, or his or her designee.
(b) Director of Finance, or his or her designee.
(c) One public member appointed by the Governor, from a list
submitted by local, state, and national environmental organizations
that operate within the territory and that have participated in
planning for river restoration, river preservation, open space, or
water quality.
(d) Three public members appointed by the Governor, who have
expertise in economic development, agriculture, or conservation,
wildlife, and natural resources.
(e) One member of the Board of Supervisors of Riverside County
appointed by the majority of the members of that board, or the
general manager of the Riverside County Regional Parks and Open-Space
District.
(f) One member of the Board of Supervisors of San Bernardino
County appointed by the majority of the members of that board, or the
chief of the San Bernardino County Regional Parks Division.
(g) One member of the Board of Supervisors of Orange County
appointed by the majority of the members of that board, or the
director of the Orange County Public Facilities and Resources
Department.
(h) One member of the Santa Ana River Watershed Project Authority,
appointed by the majority of the members of that authority.
(i) One public member appointed by the Senate Committee on Rules.
(j) One public member appointed by the Speaker of the Assembly.
(k) One representative designated by the Governing Councils of the
San Manuel Band of Mission Indians and the Soboba Band of Luiseno
Indians.
33826. (a) The term of each member of the board, except the
Secretary of the Resources Agency, or his or her designee, and the
Director of Finance, or his or her designee, shall be two years, or
until the member's successor is appointed, whichever is longer. A
vacancy shall be filled within 60 days of its occurrence by the
appointing authority.
(b) Notwithstanding subdivision (a), a person shall not continue
as a member of the board if he or she ceases to hold the office that
qualifies him or her to be appointed as a member of the board. The
membership on the board held by the person shall terminate if the
person ceases to hold the qualifying office or membership.
(c) The members of the board shall elect a chairperson, vice
chairperson, and other officers, as necessary, from among the board
members. The board shall determine the terms of those offices.
(d) A member of the board who is not a full-time public employee
shall be compensated at a rate not to exceed one hundred dollars
($100) per regular meeting, not to exceed 12 regular meetings per
year, and shall be reimbursed the actual and necessary expenses
incurred in the performance of his or her duties. A member may waive
compensation.
(e) The conservancy shall employ an executive officer and other
necessary staff, and may enter into a contract for services requiring
knowledge, experience, and ability not possessed by the conservancy
staff. Those contracts shall be subject to board approval.
(f) (1) The board shall create an advisory group and may create ad
hoc panels. The board shall determine the size and composition of
membership, candidate qualifications, and the selection process for
an advisory group or ad hoc panel.
(2) Members of the advisory group or ad hoc panels may offer
advice, expertise, support, or service to the conservancy, without
compensation.
(3) The board may establish operational guidelines for the
advisory group or ad hoc panels.
(4) A donation of funds secured through activities of the advisory
group or ad hoc panels shall be deposited in the Santa Ana River
Conservancy Fund.
(5) All reports, statements, or advice issued by the advisory
group or ad hoc panels may be received and filed, implemented, or
rejected by the board.
33830. (a) A quorum shall consist of a majority of the members of
the board. All meetings of the board shall be held in accordance
with the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
(b) An action of the board affecting a matter shall be taken by a
majority vote of the membership of the board, a quorum being present.
(c) The board shall adopt rules and procedures necessary to
conduct its business.
(d) The board shall meet to conduct official business of the
conservancy only at locations within the territory.
CHAPTER 3. POWERS AND DUTIES
33840. (a) The conservancy shall manage, operate, administer, and
maintain the conservancy lands and facilities in accordance with the
purposes set forth in Section 33815.
(b) The conservancy may adopt regulations governing public use of
conservancy lands and facilities and may provide for the enforcement
of those regulations.
(c) The conservancy may 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 may not exceed the reasonable
cost of maintaining and operating the land or providing the services
rendered by the conservancy.
33841. (a) The conservancy may acquire real property or an
interest in real property pursuant to the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code) within the territory from willing sellers and at
fair market value, upon a finding that the acquisition is consistent
with the purposes of the conservancy as set forth in Section 33815.
The conservancy may acquire the property itself or may coordinate the
acquisition through other public agencies or nonprofit organizations
that have the authority to acquire property and that have available
funding or land to exchange. The conservancy may hold a remainder
interest in property in those instances in which an owner desires to
sell the property and retain a life estate, and may create and
administer a mitigation land bank and arrange land exchanges,
consistent with the purposes set forth in Section 33815. The overall
objective of the land acquisition program shall be to assist in
accomplishing land transactions that are mutually beneficial to the
landowner and the conservancy, and that meet the conservancy's
purposes.
(b) To the extent not in conflict with another law, the
conservancy may exercise the right of first refusal for surplus
public agency property located within the territory for the purposes
of the conservancy, as set forth in Section 33815, subject to the
conditions and provisions of the adopted Santa Ana River Parkway and
Open Space Plan, and shall conform to all relevant general and
specific plans and zoning regulations of local agencies within the
territory.
(c) Prior to entering into an agreement to acquire an interest in
real property, or to lease, rent, sell, exchange, or transfer real
property or an interest therein or an option acquired under this
division, within the territory for open space or conservation
purposes, the conservancy shall provide 30 days' written notice to
the legislative body of the affected local agency, if that project
was not included in the Santa Ana River Parkway and Open Space Plan.
(d) The conservancy may apply for grants from any source to be
used for the purposes of this division. The proceeds of the grants
shall be deposited in the Santa Ana River Conservancy Fund, as
specified in Section 33845.
33842. (a) The conservancy shall have, and may exercise, all
rights and powers, expressed or implied, necessary to carry out the
purposes of this division, except as otherwise provided.
(b) The conservancy may not levy a tax.
(c) The conservancy may not regulate land use, except on lands it
owns, manages, or controls.
(d) The conservancy does not have the power of eminent domain.
(e) The conservancy shall be subject to all laws, regulations, and
general and specific plans of the legislative body of the local
agency that has jurisdiction in the area in which the conservancy
proposes to take action.
33843. The conservancy may do all of the following:
(a) Sue and be sued.
(b) Enter into contracts with a public agency, private entity, or
person necessary for the proper discharge of the conservancy's
duties, and enter into a joint powers agreement with a public agency,
in furtherance of the purposes set forth in Section 33815.
(c) Lease, rent, sell, exchange, or transfer real property or an
interest in real property or an option acquired under this division
to a local public agency, state agency, federal agency, nonprofit
organization, individual, or other entity pursuant to terms and
conditions approved by the conservancy for management purposes, in
accordance with the purposes set forth in Section 33815.
(d) Initiate, negotiate, and participate in an agreement for the
management of conservancy lands by a local public agency, state
agency, federal agency, nonprofit organization, individual, or other
entity, and initiate, negotiate, and participate in an agreement for
the management of land under the ownership or control of those
entities by the conservancy, in accordance with the purposes set
forth in Section 33815.
(e) Enter into an agreement with a public agency, private entity,
or person necessary for the proper discharge of the conservancy's
duties for the purposes set forth in Section 33815.
(f) Recruit and coordinate volunteers and experts to conduct
interpretive and recreational programs and assist with construction
projects and the maintenance of parkway facilities. To the extent
feasible, in carrying out the purposes of this division, the
conservancy shall utilize the services of the California Conservation
Corps and Community Conservation Corps, as defined in Section
14507.5, and if the California Conservation Corps or Community
Conservation Corps are not available, any other nonprofit
organization that the conservancy determines has relevant and
demonstrated capacity and expertise.
(g) Undertake, within conservancy lands, site improvement
projects, regulate public access, and revegetate and rehabilitate
degraded areas, in consultation with any other public agency with
appropriate jurisdiction and expertise, in accordance with the
purposes set forth in Section 33815. The conservancy may also, within
conservancy lands, upgrade deteriorating facilities and construct
new facilities as needed for outdoor recreation, nature appreciation
and interpretation, historic and cultural preservation, and natural
resources protection. The conservancy may undertake those projects by
itself or in conjunction with another local agency; however, the
conservancy shall provide overall coordination of those projects by
setting priorities for the projects and by ensuring a uniform
approach to projects. The conservancy may undertake those projects
after 30 days' written notice to the legislative body of the local
agency that has jurisdiction in the area in which the conservancy
proposes to undertake that activity.
33844. (a) The conservancy may award grants or interest-free
loans to local public and state agencies for purposes of this
division.
(b) The conservancy may award grants to nonprofit organizations
for the acquisition of real property or interests in real property,
within the territory, which shall be subject to all of the following
conditions:
(1) The purchase price of an interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy approves the terms under which the interest in
land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for a debt incurred by the
nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the state.
(5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state
funds, that may be exercised if an essential term or condition of the
grant is violated.
(6) If the existence of the nonprofit organization is terminated,
title to all interests in real property acquired with state funds
shall immediately vest in the state, except that, prior to that
termination, another public agency or nonprofit organization may
receive title to all or a portion of that interest in real property,
by recording its acceptance of title, together with the conservancy's
approval, in writing.
(c) A deed or other instrument of conveyance whereby real property
is acquired by a nonprofit organization pursuant to this section
shall be recorded and shall set forth the executory interest or right
of entry on the part of the state.
33845. (a) The Santa Ana River Conservancy Fund is hereby created
in the State Treasury. Moneys in the fund shall be available, upon
appropriation, for the purposes of this division.
(b) The fee revenue and all other revenue received pursuant to
this division shall be deposited in the fund.
(c) The conservancy shall administer funds appropriated to it and
may expend those funds for capital improvements, land acquisition, or
support of the conservancy's operations, in accordance with the
purposes set forth in Section 33815. The conservancy may also accept
revenue, money, grants, goods, or services contributed to it by a
public agency, private entity, or person and, upon receipt, may use
the revenue, money, grants, goods, or services for capital
improvements, land acquisitions, or support of the conservancy's
operations, in accordance with the purposes set forth in Section
33815.
33846. (a) On or before January 1, 2016, and, notwithstanding
Section 10231.5 of the Government Code, on or before January 1
annually thereafter, the conservancy shall submit a report to the
Governor and the Legislature on progress made to further the purposes
of this division. The report shall include, but is not limited to, a
list of projects undertaken, grants and loans acquired and awarded,
a schedule of prioritized projects for the next year, and
identification of future funding sources.
(b) A report submitted to the Legislature pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.
33847. (a) The conservancy may not implement Section 33845 until
the Legislature appropriates funds necessary to implement this
division, or until a bond act approved by the voters of this state
includes an allocation of funds for the purposes of this division.
(b) The Legislature shall not appropriate General Fund moneys to
implement this division.
