Bill Text: CA SB1390 | 2013-2014 | Regular Session | Amended
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-Amended.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-Amended.html
BILL NUMBER: SB 1390 AMENDED
BILL TEXT
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 specified lands
within 1/2 mile, or greater as
provided, on either side of the riverbed of the Santa Ana River
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, by January 1,
2016, and annually thereafter, con servancy
to submit a include information about
the program in this report to the Governor and the
Legislature on progress made to further the purposes of the program
.
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
Article 1. General Provisions and Definitions
31170. This chapter shall be known, and may be cited, as
the The Santa Ana River Conservancy
Program Act 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. (a) 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) 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 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) "Conservancy" means the State Coastal Conservancy.
(b) "Control" means possession, direct or indirect, of the power
to direct or cause the direction of management and policies.
(c) "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.
(d)
(a) "Program" means the Santa Ana River Conservancy
Program.
(e)
(b) "Program lands" means lands owned or
managed by the conservancy as part of the Santa Ana River Conservancy
Program interests in real property acquired, managed,
or subject to a project under this chapter .
(f)
(c) "Territory" "Santa Ana
River region " means those lands that are located
within one-half mile , or greater distance pursuant to
paragraph (2) of subdivision (a) of Section 31173, 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 .
Article 2. The Santa Ana River Conservancy Program
31173. The Santa Ana River Conservancy Program is
established pursuant to this chapter, to be administered by the
conservancy, to address the resource and recreational goals of the
Santa Ana River corridor as identified in this chapter. The program
shall have all of purposes: 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) (1) To acquire
lands that are located within one-half mile on either side of the
riverbed of the Santa Ana River, to manage program lands, and to
provide recreational 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, lands for related
educational uses within the area use
, and natural floodwater conveyance.
(2) Lands that are located more than one-half mile on either side
of the riverbed of the Santa Ana River may be acquired if the
acquisition is expressly authorized in a written agreement by and
between the conservancy and the local government whose jurisdiction
contains the affected lands.
(b) To provide for the public's enjoyment, and to enhance
the 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.
31174. The conservancy, in In
administering the program, the conservancy shall
, consistent with the purposes of this chapter, do all of
the following:
(a) Establish policies and priorities regarding the Santa Ana
River, and conduct necessary planning activities, in accordance with
the purposes set forth in Section 31173.
(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:
(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.
(b)
(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 for the
purposes set forth in Section 31173 without infringing on
water quality, water supply, and necessary flood control.
(c) Approve conservancy-funded projects that advance the purposes
set forth in Section 31173.
(d) Prepare a Santa Ana River Parkway and Open Space Plan, that
shall accomplish, at a 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
program set forth in Section 31173.
(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 or leased by another public agency, except as
provided pursuant to a written agreement with that 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.
(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 the purpose of this chapter.
31175. (a) The conservancy shall create an advisory group and may
create ad hoc panels. The conservancy shall determine the size and
composition of membership, candidate qualifications, and the
selection process for an advisory group or ad hoc panel.
(b) Members of the advisory group or ad hoc panels may offer
advice, expertise, support, or service to the conservancy, without
compensation.
(c) The conservancy may establish operational guidelines for the
advisory group or ad hoc panels.
(d) A donation of funds secured through activities of the advisory
group or ad hoc panels shall be deposited in the Santa Ana River
Conservancy Program Account.
(e) All reports, statements, or advice issued by the advisory
group or ad hoc panels may be received and filed, implemented, or
rejected by the conservancy.
Article 3. Powers and Duties
31176. (a) The conservancy shall manage, operate, administer, and
maintain the program lands and facilities in accordance with the
purposes set forth in Section 31173.
(b) The conservancy may adopt regulations governing public use of
program 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 shall not exceed the reasonable
cost of maintaining and operating the land or providing the services
rendered by the conservancy.
31177. (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
a price that shall not to exceed fair market value, upon a finding
that the acquisition is consistent with the purposes of the program
as set forth in Section 31173. 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 arrange land exchanges, consistent with
the purposes set forth in Section 31173. The overall objective of the
land acquisition shall be to assist in accomplishing land
transactions that are mutually beneficial to the landowner and the
conservancy, and that meet the program'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 program, as set forth in Section 31173, subject to the
conditions and provisions of the adopted Santa Ana River Parkway and
Open Space Plan. The program 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
chapter, 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.
(d) The conservancy may apply for grants from any source to be
used for the purposes of this chapter. The proceeds of the grants
shall be deposited in the Santa Ana River Conservancy Program
Account, as specified in Section 31181.
31178. (a) The conservancy shall have, and may exercise, all
rights and powers, expressed or implied, necessary to carry out the
purposes of this chapter, except as otherwise provided.
(b) The conservancy shall not levy a tax.
(c) The conservancy shall 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.
31179. For purposes of this chapter, 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 31173.
(c) Lease, rent, sell, exchange, or transfer real property or an
interest in real property or an option acquired under this chapter 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 31173.
(d) Initiate, negotiate, and participate in an agreement for the
management of program 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 31173.
(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 31173.
(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 chapter, 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 program 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 31173. The conservancy may also, within program 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.
31180. (a) The conservancy may award grants or interest-free
loans to local public and state agencies for purposes of this
chapter.
(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 shall 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 shall 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.
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 31178, 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) 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 in
the Santa Ana River region without the consent of the affected party.
31177. 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.
31181. 31178. (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) The fee All revenue and
all other , 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, in
accordance with the purposes set forth in Section 31173
operations . 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, and support of
the program's operations , in accordance with the purposes
set forth in Section 31173 for purposes of this
chapter .
31182. (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 chapter. 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.
31179. The conservancy shall include information about the
program in its report to the Governor and Legislature pursuant to
Section 31108.
