The San Diego River Conservancy Act establishes the San Diego River Conservancy in the Natural Resources Agency, and prescribes the territory, membership, and 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. Existing law provides that the act will remain in effect until January 1, 2020.

This bill would delete the January 1, 2020, repeal date, thereby extending the operation of the act indefinitely. The bill would require the conservancy, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, to prepare and submit to the Governor and the Legislature a report containing specified information regarding projects funded or undertaken by the conservancy and progress made in the 2 years prior to the date of the report, and recommendations regarding legislative action that may be needed to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.

The San Diego River Conservancy Act establishes the San Diego River Conservancy in the Natural Resources Agency, and prescribes the territory, membership, and 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. Existing law provides that the act will remain in effect until January 1, 2020.

This bill would delete the January 1, 2020, repeal date, thereby extending the operation of the act indefinitely. The bill would require the conservancy, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, to prepare and submit to the Governor and the Legislature a report containing specified information regarding projects funded or undertaken by the conservancy and progress made in the 2 years prior to the date of the report, and recommendations regarding legislative action that may be needed to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.

The San Diego River Conservancy Act establishes the San Diego River Conservancy in the Natural Resources Agency, and prescribes the territory, membership, and 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. Existing law provides that the act will remain in effect until January 1, 2020.

This bill would delete the January 1, 2020, repeal date, thereby extending the operation of the act indefinitely. The bill would require the conservancy, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, to prepare and submit to the Governor and the Legislature a report containing specified information regarding projects funded or undertaken by the conservancy and progress made in the 2 years prior to the date of the report, and recommendations regarding legislative action that may be needed to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.

The San Diego River Conservancy Act establishes the San Diego River Conservancy in the Natural Resources Agency, and prescribes the territory, membership, and 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. Existing law provides that the act will remain in effect until January 1, 2020.

This bill would delete the January 1, 2020, repeal date, thereby extending the operation of the act indefinitely.

 THIRD READING  

Bill No: AB 392

Author: Atkins (D), et al.

Amended: 5/5/15 in Assembly

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/23/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 79-0, 6/1/15 - See last page for vote

SUBJECT: San Diego River Conservancy

SOURCE: Author

DIGEST: This bill eliminates the statutory sunset date of the San Diego River Conservancy and imposes biannual reporting requirements that describe all expenditures, all projects, a progress report, and any recommendations that the conservancy has to improve the statutes under which it operates.

ANALYSIS:

Existing law:

1. Establishes the San Diego River Conservancy (SDRC) since 2002 in the Natural Resources Agency (NRA), and the SDRC is authorized to acquire and accept donations of land or interests in land that are located within one-half mile of the San Diego River and its tributaries, historic flumes, and otherwise within the San Diego River watershed.
   
   

2. Prohibits the SDRC from levying taxes, regulating land use, and exercising the power of eminent domain.
   
   

3. Specifies the SDRC's governing board of eleven members includes the Secretary of Resources, the Director of Finance, the Director of Parks and Recreation, the Mayor of San Diego, a San Diego City Council member, a San Diego County Supervisor, and five public members. Of the five public members, three are appointed by the Governor; the Senate Rules Committee, and the Assembly Speaker appoint one each.
   
   

4. Sunsets the SDRC on January 1, 2020.

This bill eliminates the sunset date and creates biannual reporting requirements that describe all expenditures, all projects, a progress report, and any recommendations that the SDRC has to improve the statutes under which it operates.

Comments

According to the author, the San Diego River is an important historic, archaeological and cultural area within California. Making the SDRC permanent will assist with long-term planning and development as well as make more practical the conservancy’s expenditure of $17 million in Prop 1 water bond funds that will take up to 10 years.

The SDRC watershed spans 440 square miles, includes six major reservoirs, four cities, a large area of unincorporated county lands, Cleveland National Forest, and Native American reservations, with 700,000 people living within its area of influence and an additional two million people in adjacent communities. The River is 52 miles from its headwaters near Julian to the Pacific Ocean at Ocean Beach. Its rich cultural and historic connections began with the Kumeyaay who settled in the area more than 11,000 years ago and extends through Spanish, Mexican, and early Californian settlements. In its 12-year history, SDRC has overseen over 100 acres of restoration along the river, the construction and renovation of approximately 15 miles of a public trail along the River that is well used by people of all ages, and the acquisition of over 200 acres of land. Currently, the mission of the SDRC will be advanced by building, with partners, a San Diego River Park and hiking trail stretching from the headwaters in Julian to the Pacific Ocean.

According to the author, even though the SDRC does not sunset until 2020, the SDRC has shown progress toward achieving its mission and has worked well with local organizations and other state agencies. SDRC has a history of clean audits and continues to assist the Resources Agency and the State Coastal Conservancy in expending funds from Propositions 13, 40, and 84. SDRC has yet to receive its own appropriation of conservation bond funds, although, as noted, it was allocated $17 million from Prop 1. The Proposition 1 funds are meant for multibenefit water quality, water supply, and watershed protection and restoration projects. Another sunset review of SDRC could allow the Legislature to scrutinize the spending of these funds, but the reporting requirements now in the bill will also give the Legislature the opportunity and the information to do that. Only three other conservancies have similar reporting requirements—State Coastal Conservancy, Santa Monica Mountains Conservancy, and Sierra Nevada Conservancy.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, annual costs of at least $350,000 beginning in 2020 from the Environmental License Plate Fund (special) for SDRC administrative costs.

SUPPORT: (Verified 8/28/15)

City of San Diego

Lakeside’s River Park Conservancy

San Diego County Board of Supervisors

San Diego History Center

Sierra Club California

OPPOSITION: (Verified 8/28/15)

None received

ASSEMBLY FLOOR: 79-0, 6/1/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Lopez

Prepared by: William Craven / N.R. & W. / (916) 651-4116

8/30/15 19:42:08

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 392 (Atkins) - San Diego River Conservancy.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 392 would remove the sunset date on the San Diego River Conservancy (SDRC) and would require it report to the Legislature biennially on its activities.

Fiscal Impact:

Annual costs of at least $350,000 beginning in 2020 from the Environmental License Plate Fund (special) for SDRC administrative costs.

Background:

The San Diego River Conservancy was statutorily created within the Natural Resources Agency in 2002. It is authorized to acquire and accept donations of land or interests in land that are located within one-half mile of the San Diego River and its tributaries, historic flumes, and otherwise within the San Diego River watershed. The SDRC is governed by an 11 member board consisting of the secretary of the Resources Agency, the director of the Department of Finance, the director of the Department of Parks and Recreation, the mayor of San Diego, a San Diego city council member, a San Diego County Supervisor, and five public members.

The SDRC sunsets on January 1, 2020.

Proposition 1, which was approved by the voters in November 2014, authorized $17 million to the SDRC for projects that have multiple benefits for water quality, water supply, and water protection and restoration of watersheds.

Proposed Law:

This bill would eliminate the sunset on the SDRC and would require the SDRC to report to the Legislature in odd-numbered years beginning in 2017 on the following:

• A description of every project funded or undertaken by the conservancy in the previous two years;

• A description of the progress made in accomplishing the SDRC’s goals during the previous two years; and

• Recommendations for legislative action that might be needed to enable the SDRC to more effectively and efficiently carry out its mission, goals, and objectives.

Staff Comments:

The SDRC has annual operating costs of approximately $350,000. These costs are currently being paid for by the Environmental License Plate Fund, which has a structural deficiency, though the SDRC can receive funding from other special funds or the General Fund. By eliminating the sunset date of the SDRC, this bill will extend the SDRC’s operating costs beyond 2020.

Staff notes that the annual cost of $350,000 is for the base administration of the SRDC. To administer the $17 million made available by Proposition 1, the SDRC will incur additional administrative costs, which will be covered by bond monies. According to the author, expending Proposition 1 monies will take up to 10 years.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 392 Hearing Date: June 23, 2015

Subject: San Diego River Conservancy.

BACKGROUND AND EXISTING LAW

1. Established the San Diego River Conservancy (SDRC) in 2002 in the Natural Resources Agency (NRA) which is authorized to acquire and accept donations of land or interests in land that are located within one-half mile of the San Diego River and its tributaries, historic flumes, and otherwise within the San Diego River Watershed.
   
   

2. Prohibits the SDRC from levying taxes, regulating land use, and exercising the power of eminent domain.
   
   

3. Specifies the SDRC's governing board of eleven members including the Secretary of Resources, the Director of Finance, the Director of Parks and Recreation, the Mayor of San Diego, a San Diego City Council member, a San Diego County Supervisor, and five public members. Of the five public members, three are appointed by the Governor, the Senate Rules Committee, and the Assembly Speaker appoint one each.
   
   

4. Sunsets the SDRC on January 1, 2020.

PROPOSED LAW

This bill eliminates the sunset date and creates biannual reporting requirements that describe all expenditures, all projects, a progress report, and any recommendations that the conservancy has to improve the statutes under which it operates.

ARGUMENTS IN SUPPORT

1. According to the author, the San Diego River is an important historic, archaeological and cultural area within California. Making the SDRC permanent will assist with long-term planning and development as well as make more practical the conservancy’s expenditure of $17 million in Prop 1 water bond funds that will take up to 10 years.

2. The SDRC watershed spans 440 square miles, includes 6 major reservoirs, 4 cities, a large area of unincorporated county lands, Cleveland National Forest, and Native American reservations, with 700,000 people living within its area of influence and an additional 2 million people in adjacent communities. The river is 52 miles from its headwaters near Julian to the Pacific Ocean at Ocean Beach. Its rich cultural and historic connections began with the Kumeyaay who settled in the area more than 11,000 years ago and extends through Spanish, Mexican, and early Californian settlements. In its 12-year history, SDRC has overseen over 100 acres of restoration along the river, the construction and renovation of approximately 15 miles of a public trail along the river that is well used by people of all ages, and the acquisition of over 200 acres of land. Currently, the mission of the SDRC will be advanced by building, with partners, a San Diego River Park and hiking trail stretching from the headwaters in Julian to the Pacific Ocean.

3. According to the author, even though the SDRC does not sunset until 2020, the SDRC has shown progress toward achieving its mission and has worked well with local organizations and other state agencies. SDRC has a history of clean audits and continues to assist the Resources Agency and the State Coastal Conservancy in expending funds from Propositions 13, 40, and 84. SDRC has yet to receive its own appropriation of conservation bond funds, although, as noted, it was allocated $17 million from Prop 1. The Proposition 1 funds are meant for multibenefit water quality, water supply, and watershed protection and restoration projects. Another sunset review of SDRC could allow the Legislature to scrutinize the spending of these funds, but the reporting requirements now in the bill will also give the Legislature the opportunity and the information to do that. Only three other conservancies have similar reporting requirements—State Coastal Conservancy, Santa Monica Mountains Conservancy, and Sierra Nevada Conservancy.

ARGUMENTS IN OPPOSITION

None received.

SUPPORT

Sierra Club of California

San Diego County Board of Supervisors

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 392

Author:(Atkins)

As Amended Ver:May 5, 2015

Majority vote

SUMMARY: Eliminates the 2020 sunset date for the San Diego River Conservancy (Conservancy) and requires the Conservancy to submit a report to the Governor and Legislature on January 1, 2017, and every two years thereafter. The report must include:

1. A description of every project funded or undertaken by the Conservancy, as specified, during the two years prior to the report.

2. A progress report on the Conservancy's accomplishments toward fulfilling its mission during the two years prior to the report.

3. Recommended legislative action necessary to provide funding or other resources to enable the Conservancy to more effectively and efficiently carry out its mission, goals, and objectives.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Increased annual administrative state costs of between $350,000 per year (Environmental License Plate Fund or other special fund) beginning in Fiscal Year 2020-21.

2. Minor, likely absorbable, costs for the biennial reports.

COMMENTS:

1. Purpose of the bill. The mission of the Conservancy will be partly accomplished by building, with partners, a San Diego River Park and hiking trail stretching from the headwaters in Julian to the Pacific Ocean. The San Diego River is an important historic, archaeological and cultural area within California. Making the Conservancy permanent will assist with long-term planning and development.

2. Conservancy. The Conservancy watershed spans 440 square miles, includes 6 major reservoirs, four cities, a large area of unincorporated county lands, Cleveland National Forest, and Native American reservations, with 700,000 people living within its area of influence and an additional 2 million people in adjacent communities. The river is 52 miles from its headwaters near Julian to the Pacific Ocean at Ocean Beach. Its rich cultural and historic connections began with the Kumeyaay who settled in the area more than 11,000 years ago and extends through Spanish, Mexican, and early Californian settlements. In its 12-year history, the Conservancy has overseen over 100 acres of restoration along the river, the construction and renovation of approximately 15 miles of a public trail along the river that is well used by people of all ages, and the acquisition of over 200 acres of land.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0000701

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 392

Author:(Atkins) – As Amended Ver:May 5, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill eliminates the 2020 sunset date for the San Diego River Conservancy (Conservancy) and requires the Conservancy to submit a report to the Governor and Legislature on January 1, 2017, and every two years thereafter. The report must include:

1. A description of every project funded or undertaken by the Conservancy, as specified, during the two years prior to the report.

2. A progress report on the Conservancy's accomplishments toward fulfilling its mission during the two years prior to the report.

3. Recommended legislative action necessary to provide funding or other resources to enable the Conservancy to more effectively and efficiently carry out its mission, goals, and objectives.

FISCAL EFFECT:

1. Increased annual administrative state costs of between $350,000 per year (Environmental License Plate Fund or other special fund) beginning in FY 2020-21.

2. Minor, likely absorbable, costs for the biennial reports.

COMMENTS:

1. Purpose. According to the author, the mission of the Conservancy will be partly accomplished by building, with partners, a San Diego River Park and hiking trail stretching from the headwaters in Julian to the Pacific Ocean. The San Diego River is an important historic, archaeological and cultural area within California. Making the Conservancy permanent will assist with long-term planning and development.

2. Background. The San Diego River watershed spans 440 square miles, includes 6 major reservoirs, 4 cities, a large area of unincorporated county lands, Cleveland National Forest, and Native American reservations. Seven hundred thousand people live within the Conservancy's area of influence and an additional 2 million people live in adjacent communities.

The river is 52 miles from its headwaters near Julian to the Pacific Ocean at Ocean Beach. The Conservancy has overseen over 100 acres of restoration along the river, the construction and renovation of approximately 15 miles of a public trail, and the acquisition of over 200 acres of land.

3. State Conservancies. There are currently 10 state conservancies located within the Natural Resources Agency: a) Sierra Nevada Conservancy; b) California Tahoe Conservancy; c) State Coastal Conservancy; d) San Joaquin River Conservancy; e) Sacramento-San Joaquin Delta Conservancy; f) Coachella Mountains Conservancy; g) San Gabriel and Lower Los Angeles Rivers Conservancy; h) Santa Monica Mountains Conservancy; i) Baldwin Hills Conservancy; and j) San Diego River Conservancy.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 27, 2015

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 392

Author:(Atkins) – As Introduced Ver:February 18, 2015

SUBJECT: San Diego River Conservancy

SUMMARY: Eliminates the 2020 sunset date for the San Diego River Conservancy (SDRC).

EXISTING LAW:

1. Established the SDRC in 2002 in the Natural Resources Agency (NRA) and authorizes the SDRC to acquire and accept donations of land or interests in land that are located within one-half mile of the San Diego River and its tributaries, historic flumes, and otherwise within the San Diego River Watershed.
   
   

2. Prohibits the SDRC from levying taxes, regulating land use, and exercising the power of eminent domain.
   
   

3. Specifies the SDRC's governing board of eleven members including the Secretary of Resources, the Director of Finance, the Director of Parks and Recreation, the mayor of San Diego, a San Diego City Council member, a San Diego County Supervisor, and five public members. Of the five public members, three are appointed by the Governor, the Senate Rules Committee, and the Assembly Speaker appoint one each.
   
   

4. Sunsets the SDRC on January 1, 2020.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the bill. The mission of the SDRC will be partly accomplished by building, with partners, a San Diego River Park and hiking trail stretching from the headwaters in Julian to the Pacific Ocean. The San Diego River is an important historic, archaeological and cultural area within California. Making the SDRC permanent will assist with long-term planning and development.

2. Conservancy. The SDRC watershed spans 440 square miles, includes 6 major reservoirs, 4 cities, a large area of unincorporated county lands, Cleveland National Forest, and Native American reservations, with 700,000 people living within its area of influence and an additional 2 million people in adjacent communities. The river is 52 miles from its headwaters near Julian to the Pacific Ocean at Ocean Beach. Its rich cultural and historic connections began with the Kumeyaay who settled in the area more than 11,000 years ago and extends through Spanish, Mexican, and early Californian settlements. In its 12-year history, SDRC has overseen over 100 acres of restoration along the river, the construction and renovation of approximately 15 miles of a public trail along the river that is well used by people of all ages, and the acquisition of over 200 acres of land.

3. Is sunset elimination appropriate at this time? The SDRC does not sunset until 2020; therefore, SDRC will continue for several years even with its current sunset. The SDRC has shown progress toward achieving its mission and has worked well with local organizations and other state agencies. SDRC has a history of clean audits and continues to assist the NRA and the State Coastal Conservancy in expending funds from Propositions 13, 40, and 84. SDRC has yet to receive its own appropriation of conservation bond funds. The Water Quality, Supply, and Infrastructure Improvement Fund of 2014 (Proposition 1) allocated $17 million for SDRC. The Proposition 1 funds are meant for multibenefit water quality, water supply, and watershed protection and restoration projects. Another sunset review of SDRC could allow the Legislature to scrutinize the spending of these funds, but the reporting requirement in the suggested amendments will also give the Legislature the opportunity and the information to do that.

4. Oversight. NRA is responsible for overseeing all land conservation activities and spending in the state. Yet the NRA has not taken an active role in evaluating conservancies or providing them with guidance or best practices. In addition, only three of ten conservancies (State Coastal Conservancy, Santa Monica Mountains Conservancy, and Sierra Nevada Conservancy) submit reports to the Legislature.

5. Suggested amendments. The author and committee may wish to consider amendments to add a biennial reporting requirement starting in 2017 and to add appropriate co-authors.

6. Prior Legislation.

SB 419 (Kehoe), Chapter 646, Statutes 2007, revised the description of the San Diego river area to include its tributaries and historic flumes, and included the protection of historic and cultural resources in the Conservancy’s responsibilities. The Board was expanded from 9 to 11 members by adding the California Director of Parks and Recreation and one member of the San Diego County Board of Supervisors.

SB 1428 (Kehoe), Chapter 406, Statues of 2008, extended the sunset date to January 1, 2020.

REGISTERED SUPPORT / OPPOSITION:

Support

City of San Diego

San Diego Canyonlands

San Diego River Park Foundation

Sierra Club California

Opposition

None on file

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092