Bill Text: CA AB2353 | 2009-2010 | Regular Session | Amended
Bill Title: Conservancies: reporting requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2353 Detail]
Download: California-2009-AB2353-Amended.html
BILL NUMBER: AB 2353 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2010
AMENDED IN ASSEMBLY APRIL 12, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Logue
FEBRUARY 19, 2010
An act to add Section 66908.5 to the Government Code, and to amend
Sections 31108, 33208, and 33350 of, and to add Sections 32351,
32539, 32573.5, 32604.5, 32638.5, and 33510 to, the Public Resources
Code, relating to conservancies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2353, as amended, Logue. Conservancies: reporting requirements.
(1) Existing law authorizes various conservancies to acquire,
manage, direct the management of, and conserve public lands in the
state. Existing law requires the State Coastal Conservancy, the Santa
Monica Mountains Conservancy, and the Sierra Nevada Conservancy, to
submit a report, at specified times, to the Legislature.
This bill would require the California Tahoe Conservancy, the
Sacramento-San Joaquin Delta Conservancy, the San Joaquin River
Conservancy, the Baldwin Hills Conservancy, the San Gabriel and Lower
Los Angeles Rivers and Mountains Conservancy, the San Diego River
Conservancy, and the Coachella Valley Mountain Conservancy to submit
biennial reports to the Legislature and to the Secretary of the
Natural Resources Agency detailing their funding, land management
costs, administrative costs, and a description of, and the amount of
money expended for, all projects funded by the conservancy, a project
schedule, and progress toward achieving specified purposes ,
among other things . The bill would also conform the dates for
submitting the reports to when the existing reports are required to
be submitted by the State Coastal Conservancy, Santa Monica Mountains
Conservancy, and the Sierra Nevada Conservancy.
(2) Existing law requires the Santa Monica Mountains Conservancy
to transmit to the Governor and the Legislature a 2-part report with
specified information, including, among other things, information in
the 2nd part of the report regarding the disposition of the funds
appropriated to the conservancy in the fiscal year preceding the year
in which the report was made.
This bill would instead require the 2nd part of the report to
include information regarding the disposition of the funds
appropriated to the conservancy in the 2 fiscal years preceding the
year in which the report was made , among other things,
including, but not limited to, information on state and nonstate
funding sources .
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. Section 66908.5 is added to the Government Code, to
read:
66908.5. Notwithstanding Section 10231.5, the conservancy shall
provide a report to the Legislature and to the Secretary of the
Natural Resources Agency on or before January 1, 2012, and on or
before January 1 every even-numbered year thereafter. The report
shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , including, but
not limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser interest,
grants, or loans, funded or undertaken by the conservancy .
(e) A description of progress made toward achievement of the
purposes set forth in Section 66905.2.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 2. Section 31108 of the Public Resources Code is amended to
read:
31108. Notwithstanding Section 10231.5 of the Government Code, on
or before January 1, 2012, and on or before January 1 every
even-numbered year thereafter, the conservancy shall prepare and
submit to the Governor and to the Legislature a report describing
progress in achieving the objectives of this division. The report
shall include the following:
(a) An evaluation of the effectiveness of the conservancy's
programs in preserving agricultural lands, restoring coastal habitat,
providing public access to the coastline, and in undertaking other
functions prescribed in this division.
(b) Identification of additional funding, legislation, or other
resources required to more effectively carry out the objectives of
this division.
(c) A discussion of its progress in addressing the goals, priority
areas, and concerns referenced in subdivision (a) of Section 31163,
including, but not limited to, any funds that are received or
disbursed for purposes related to addressing those goals, priority
areas, and concerns.
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects, including, but not limited to, acquisition of real property
in fee or lesser interest, grants, or loans, funded or undertaken by
the conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken, including, but not limited
to, acquisition of real property in fee or lesser interest, grants,
or loans, funded or undertaken by the conservancy.
(e) A description of progress made toward achievement of the
agricultural preservation, coastal habitat restoration and
enhancement, public access, and other goals and objectives of the
conservancy, including the San Francisco Bay Conservancy Program.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 3. Section 32351 is added to the Public Resources Code, to
read:
32351. Notwithstanding Section 10231.5 of the Government Code,
the conservancy shall provide a report to the Legislature and to the
Secretary of the Natural Resources Agency on or before January 1,
2012, and on or before January 1 every even-numbered year thereafter.
The report shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , including, but
not limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser interest,
grants, or loans, funded or undertaken by the conservancy .
(e) A description of progress made toward achievement of the
purposes set forth in Section 32322.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 4. Section 32539 is added to the Public Resources Code, to
read:
32539. Notwithstanding Section 10231.5 of the Government Code,
the conservancy shall provide a report to the Legislature and to the
Secretary of the Natural Resources Agency on or before January 1,
2012, and on or before January 1 every even-numbered year thereafter.
The report shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , including, but
not limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser interest,
grants, or loans, funded or undertaken by the conservancy .
(e) A description of progress made toward implementation of the
San Joaquin River Parkway Plan.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 5. Section 32573.5 is added to the Public Resources Code, to
read:
32573.5. Notwithstanding Section 10231.5 of the Government Code,
the conservancy shall provide a report to the Legislature and to the
Secretary of the Natural Resources Agency on or before January 1,
2012, and on or before January 1 every even-numbered year thereafter.
The report shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , including, but
not limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the conservancy
.
(e) A description of progress made toward achievement of the
purposes set forth in Section 32555.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 6. Section 32604.5 is added to the Public Resources Code, to
read:
32604.5. Notwithstanding Section 10231.5 of the Government Code,
the conservancy shall provide a report to the Legislature and to the
Secretary of the Natural Resources Agency on or before January 1,
2012, and on or before January 1 every even-numbered year thereafter.
The report shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , including, but
not limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser interest,
grants, or loans, funded or undertaken by the conservancy .
(e) A description of progress made toward achievement of the
purposes set forth in Section 32602 and ,
implementation of the San Gabriel and Lower Los Angeles Parkway
and Open Space Plan , and the San Gabriel and Los
Angeles River Watershed and Open Space Plan pursuant to Section 79508
of the Water Code .
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 7. Section 32638.5 is added to the Public Resources Code, to
read:
32638.5. Notwithstanding Section 10231.5 of the Government Code,
the conservancy shall provide a report to the Legislature and to the
Secretary of the Natural Resources Agency on or before January 1,
2012, and on or before January 1 every even-numbered year thereafter.
The report shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , in
cluding, but not limited to, acquisition of real property in fee or
lesser interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser interest,
grants, or loans, funded or undertaken by the conservancy .
(e) A description of progress made toward achievement of the
purposes set forth in Section 32633 and implementation of the
conservancy's Five Year Strategic and Infrastructure Plan (2006-2011)
as specified on the conservancy's Internet Web site.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 8. Section 33208 of the Public Resources Code is amended to
read:
33208. Notwithstanding Section 10231.5 of the Government Code, on
or before January 1, 2012, and on or before January 1 every
even-numbered year thereafter, the conservancy shall transmit to the
Governor and the Legislature a two-part report as follows:
(a) The first part of the report shall include all of the
following:
(1) A listing of, and justification for, the projects proposed to
be undertaken pursuant to Section 33204, a statement of the condition
of the fund, and a certification by the conservancy that each of the
projects proposed to be funded are consistent with the plan.
(2) A priority listing of the projects that shall be developed
after public hearings and findings and with local government
coordination.
(3) A listing of the amount of money necessary, if any, to retire
bonded indebtedness for water and sewer and other utilities already
incurred by property owners which, if left outstanding, would
contribute to further development of the zone in a manner
inconsistent with the plan. Upon appropriation by the Legislature,
the conservancy may make grants from the fund to retire that bonded
indebtedness from any money specifically granted by the Secretary of
the Interior for that purpose.
(b) The second part of the report shall include all of the
following:
(1) A schedule of projects undertaken by the conservancy and a
schedule of grants and loans made by the conservancy.
(2) The program specified in Section 33204 under which each
project, grant, or loan was carried out and the manner and extent to
which the goals of the project, grant, or loan, and the goals of this
division, were achieved and the actual cost thereof, including an
accounting.
(3) A schedule of grants awarded to the conservancy and the
disposition of the funds granted.
(4) The disposition of the funds appropriated to the conservancy
in the two fiscal years preceding the year in which the report is
made.
(5) A review of local and state government actions taken to
implement the plan.
(6) An identification of additional funding, legislation, or other
resources required which would more effectively enable the
conservancy or local governments to carry out the purposes of this
division.
(7) State and nonstate funding sources and revenues.
(8) Land management costs and administrative costs.
(9) A description of program or project priorities in the next two
years.
(10) A description of the conservancy's partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization,
government agency, or any other subdivision of the state and the
purpose of the partnership or membership.
(11) A description of progress made toward achievement of the
goals and objectives of the Santa Monica Mountains Conservancy Act
and the San Gabriel and Los Angeles River Watershed and Open Space
Plan pursuant to Section 79508 of the Water Code.
SEC. 9. Section 33350 of the Public Resources Code is amended to
read:
33350. Notwithstanding Section 10231.5 of the Government Code, on
or before January 1, 2012, and on or before January 1 every
even-numbered year thereafter, the conservancy shall make a report to
the Legislature and to the Secretary of the Natural Resources
Agency regarding expenditures, land management costs, and
administrative costs. Agency. The report shall contain
information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects, including, but not limited to, acquisition of real property
in fee or lesser interest, grants, or loans, funded or undertaken by
the conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken, including, but not limited
to, acquisition of real property in fee or lesser interest, grants,
or loans, funded or undertaken by the conservancy.
(e) A description of progress made toward achievement of the goals
and objectives of Section 33301.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
SEC. 10. Section 33510 is added to the Public Resources Code, to
read:
33510. Notwithstanding Section 10231.5 of the Government Code,
the conservancy shall provide a report to the Legislature and to the
Secretary of the Natural Resources Agency on or before January 1,
2012, and on or before January 1 every even-numbered year thereafter.
The report shall contain information regarding all of the following:
(a) State and nonstate funding sources and revenues.
(b) Land management costs and administrative costs.
(c) A description of, and the amount of money expended for, all
projects funded , including, but
not limited to, acquisition of real property in fee or lesser
interest, grants, or loans, funded or undertaken by the
conservancy either directly or through nonstate entities.
(d) A schedule of projects undertaken , including, but not
limited to, acquisition of real property in fee or lesser interest,
grants, or loans, funded or undertaken by the conservancy .
(e) A description of progress made toward achievement of the
purposes set forth in Section 33501.
(f) A description of program or project priorities in the next two
years.
(g) A description of the conservancy's formal partnership with, or
membership in, pursuant to a memorandum of understanding or
agreement, a joint powers authority, nonprofit organization, or
local, state, or federal government agency, and the purpose of the
partnership or membership.
(h) Recommendations to the Legislature on additional funding,
legislation, or other resources required to more effectively or
efficiently carry out the conservancy's mission, goals, or
objectives.
