Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the preservation and protection of specified lands within the San Gabriel and Lower Los Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the conservancy, and requires that its governing board be comprised of 13 voting members and 7 nonvoting members, as specified. Existing law requires that the voting members include, among other members, representatives of the San Gabriel Valley Council of Governments, the Gateway Cities Council of Governments, and the Orange County Division of the League of California Cities, as prescribed.

This bill would increase to 15 the number of voting members of the governing board, by adding 2 members who are residents of a city not otherwise represented on the governing board at the time of the members appointment, one bordering the Lower Los Angeles River and the other bordering the San Gabriel River, as prescribed. The bill would also increase the number of nonvoting members to 9, and would require that one Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, serve as nonvoting members. The bill would require that those legislators serving as nonvoting members participate in activities of the conservancy only to the extent that participation is compatible with his or her duties as a legislator.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the preservation and protection of specified lands within the San Gabriel and Lower Los Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the conservancy, and requires that its governing board be comprised of 13 voting members and 7 nonvoting members, as specified. Existing law requires that the voting members include, among other members, representatives of the San Gabriel Valley Council of Governments, the Gateway Cities Council of Governments, and the Orange County Division of the League of California Cities, as prescribed.

This bill would increase to 15 the number of voting members of the governing board, by adding 2 members who are residents of a city not otherwise represented on the governing board at the time of the members appointment, one bordering the Lower Los Angeles River and the other bordering the San Gabriel River, as prescribed. The bill would also increase the number of nonvoting members to 9, and would require that one Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, serve as nonvoting members. The bill would require that those legislators serving as nonvoting members participate in activities of the conservancy only to the extent that participation is compatible with his or her duties as a legislator.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the preservation and protection of specified lands within the San Gabriel and Lower Los Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the conservancy, and requires that its governing board be comprised of 13 voting members and 7 nonvoting members, as specified. Existing law requires that the voting members include, among other members, representatives of the San Gabriel Valley Council of Governments, the Gateway Cities Council of Governments, and the Orange County Division of the League of California Cities, as prescribed.

This bill would increase to 15 the number of voting members of the governing board, by adding 2 members who are residents of a city not otherwise represented on the governing board at the time of the members appointment, one bordering the Lower Los Angeles River and the other bordering the San Gabriel River, as prescribed. The bill would also increase the number of nonvoting members to 9, and would require that one Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, serve as nonvoting members. The bill would require that those legislators serving as nonvoting members represent a district that is at least partially contained within the territory of the conservancy and participate in activities of the conservancy only to the extent that participation is compatible with his or her duties as a legislator.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the preservation and protection of specified lands within the San Gabriel and Lower Los Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the conservancy, and requires that it its governing board be comprised of 13 voting members and 7 nonvoting members, as specified. Existing law requires that the voting members include, among other members, 2 members of the Orange County Division of the League of California Cities, both of whom shall be a mayor or city council member of a city bordering the San Gabriel River or tributary thereof. representatives of the San Gabriel Valley Council of Governments, the Gateway Cities Council of Governments, and the Orange County Division of the League of California Cities, as prescribed.

This bill would instead require that only one member of the Orange County Division of the League of California Cities be a voting member, and would require that a resident of a city, not otherwise represented on the board at the time of the appointment and bordering the Lower Los Angeles River, be appointed by the Governor, as prescribed, as a voting member. increase to 15 the number of voting members of the governing board, by adding 2 members who are residents of a city not otherwise represented on the governing board at the time of the members appointment, one bordering the Lower Los Angeles River and the other bordering the San Gabriel River, as prescribed. The bill would also increase the number of nonvoting members to 9, and would require that one Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, serve as those nonvoting members. The bill would require that those legislators serving as nonvoting members represent a district that is at least partially contained within the territory of the conservancy and participate in activities of the conservancy only to the extent that participation is compatible with his or her duties as a legislator.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the preservation and protection of specified lands within the San Gabriel and Lower Los Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the conservancy, and requires that it be comprised of 13 voting members and 7 nonvoting members, as specified. Existing law requires that the voting members include, among other members, 2 members of the Orange County Division of the League of California Cities, both of whom shall be a mayor or city council member of a city bordering the San Gabriel River or tributary thereof.

This bill would instead require that only one member of the Orange County Division of the League of California Cities be a voting member, and would require that a resident of a city, not otherwise represented on the board at the time of the appointment and bordering the Lower Los Angeles River, be appointed by the Senator Committee on Rules, be Governor, as prescribed, as a voting member. The bill would also increase the number of nonvoting members to 9, and would require that one Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, serve as those nonvoting members. The bill would require that those legislators serving as nonvoting members represent a district that is at least partially contained within the territory of the conservancy and participate in activities of the conservancy only to the extent that participation is compatible with his or her duties as a legislator.

Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the preservation and protection of specified lands within the San Gabriel and Lower Los Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the conservancy, and requires that it be comprised of 13 voting members and 7 nonvoting members, as specified. Existing law requires that the voting members include, among other members, 2 members of the Orange County Division of the League of California Cities, both of whom shall be a mayor or city council member of a city bordering the San Gabriel River or tributary thereof.

This bill would instead require that only one member of the Orange County Division of the League of California Cities be a voting member, and would require that a resident of a city bordering the Lower Los Angeles River, appointed by the Senator Committee on Rules, be a voting member. The bill would also increase the number of nonvoting members to 9, and would require that one Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, serve as those nonvoting members. The bill would require that those legislators serving as nonvoting members represent a district that is at least partially contained within the territory of the conservancy and participate in activities of the conservancy only to the extent that participation is compatible with his or her duties as a legislator.

UNFINISHED BUSINESS  

Bill No: SB 355

Author: Lara (D), et al.

Amended: 6/25/15

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 6-2, 4/14/15

AYES: Pavley, Allen, Hueso, Jackson, Monning, Wolk

NOES: Stone, Fuller

NO VOTE RECORDED: Hertzberg

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 24-12, 4/30/15

AYES: Allen, Beall, Block, De León, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk

NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone

NO VOTE RECORDED: Galgiani, Runner, Vidak

ASSEMBLY FLOOR: 78-0, 8/27/15 - See last page for vote

SUBJECT: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy

SOURCE: Author

DIGEST: This bill increases the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy's (Conservancy’s) governing board to 15 voting members and nine ex officio members and specifies the additional members' qualifications.

Assembly Amendments add one voting member from Orange County and one voting member from a city adjacent to the San Gabriel River, as specified.

ANALYSIS:

Existing law:

1. Establishes the Conservancy, which is responsible for the preservation and protection of specified lands.

2. Requires the Conservancy to prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan, which includes policies and priorities for the conservation of the San Gabriel River and its watershed, the Lower Los Angeles River, and the San Gabriel Mountains and identifies underused existing public open spaces and recommendations for providing better public use and enjoyment.

3. Establishes the Conservancy's governing board and specifies the board shall consist of 13 voting members and seven ex officio members, as follows:

1. Voting members:

1. A member of the Los Angeles County Board of Supervisors

2. Two members of the board of directors of the San Gabriel Valley Council of Governments who must be a mayor or city council member

3. Two members of the board of directors of the Gateway Cities Council of Governments, one must be the mayor of Long Beach or a Long Beach city council member and one must be appointed by the Speaker of the Assembly

4. Two members of the Orange County Division of the League of California Cities who must be mayors or city council members

5. A San Gabriel Water Association representative

6. A Central Basin Water Association representative

7. A member proposed by an environmental organization involved in restoration, open space, or river preservation activities

8. The Secretary of the Natural Resources Agency

9. The Secretary of the California Environmental Protection Agency

10. The Director of Finance

2. Ex officio, non-voting members (or their designees):

1. The District Engineer of the United States (U.S.) Army Corps of Engineers

2. The Regional Forester of the Pacific Southwest Region, U.S. Forest Service

3. Director of Los Angeles County Department of Public Works

4. Director of Orange County Department of Public Works

5. A member of the San Gabriel River Watermaster

6. Director of State Parks

7. Executive Officer of the Wildlife Conservation Board

This bill:

1. Expands the Conservancy’s voting board members from 13 to 15 and specifies the two additional members will be appointed by the Governor. Specifies that one of the new members be a resident of a city bordering the San Gabriel River, and the other a resident of a city bordering the Lower Los Angeles River and that both meet certain additional eligibility requirements.

2. Expands the Conservancy’s ex officio board members from seven to nine. Requires the additional members to be:

1. A member of the Senate, appointed by the Senate Committee on Rules.

2. A member of the Assembly, appointed by the Speaker of the Assembly.

Background

History of the Conservancy. The Conservancy was created by the California Legislature in 1999. It is one of 10 conservancies within the California Resources Agency. The Conservancy's mission is to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. The territory of the Conservancy includes the watersheds for the San Gabriel River and the lower Los Angeles River, along with portions of the Santa Clara River and the lower Santa Ana River. According to the Conservancy's Web-page it has received funding from Proposition 12 (2000), Proposition 13 (2000), Proposition 40 (2002), Proposition 50 (2002) and Proposition 84 (2006) in addition to the recently passed Proposition 1 (2014). Several of these bonds contained specified funding for the Conservancy [Proposition 84 ($36 million), Proposition 50 ($20 million), Proposition 40 ($40 million) and Proposition 12, which predated the establishment of the Conservancy, provided $25 million for the Los Angeles and San Gabriel River watersheds]. Additionally, Proposition 1 and the earlier bonds also include programs which the Conservancy would be eligible to receive funding from, such as urban river restoration, among others.

Legislative representation to Conservancies. Six of the state’s conservancies have no requirements for members of the Senate or Assembly to participate on their respective governing boards. The Sacramento-San Joaquin Delta Conservancy’s governing board includes two nonvoting members who are a Senator and Assembly Member whose districts include a portion of the Delta. The statutes governing the State Coastal Conservancy and the Santa Monica Mountains Conservancy also provide for three Senators and three Assembly Members to participate in their governance.

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

According to the Assembly Appropriations Committee, this bill has minor, absorbable state costs.

SUPPORT: (Verified 8/28/15)

Aja Brown, Mayor, City of Compton

City of Bell

City of Cudahy

Orange County Water District

City of Paramount

City of South Gate

City of Vernon

OPPOSITION: (Verified 8/28/15)

Anaheim Chamber of Commerce

City of Fountain Valley

ARGUMENTS IN SUPPORT: According to the author, “The recently approved state water bond provides millions of dollars in funding opportunities for the revitalization of the Lower Los Angeles River watershed, including parks and open space along the river. Many of those funds, including a $30 million direct allocation for watershed improvements, and a share of $100 million for urban creek restoration, will be allocated through the Conservancy. Opportunities for improvements to the Lower Los Angeles River directly impact the communities that border the river. It is vital that the conservancy board include representation from the cities that border the river, to provide a local perspective on plans and developments. Adding state elected officials as non-voting board members in an advisory capacity has proven successful at other state conservancies.”

ARGUMENTS IN OPPOSITION: Opponents object to a reduction in Orange County’s voting representation on the RMC Board. (All opposition letters appear to reference an earlier version of the bill as the bill now leaves intact Orange County representation on the RMC Board.)

ASSEMBLY FLOOR: 78-0, 8/27/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Dodd, Eggman, 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, Lopez, 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: Daly, Frazier

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

8/28/15 16:58:01

**** END ****

SENATE THIRD READING

STR Bill Id:SB 355

Author:(Lara)

As Amended Ver:June 25, 2015

Majority vote

SENATE VOTE: 24-12

SUMMARY: Increases the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy's (Conservancy) governing board to 15 voting members and nine ex officio members and specifies the additional members' qualifications. Specifically, this bill:

1. Expands the Conservancy's voting board members from 13 to 15 and specifies the two additional members will be appointed by the Governor. Specifies one member be a resident of a city bordering the San Gabriel River and one member be a resident of a city bordering the Lower Los Angeles River.

2. Expands the Conservancy's ex officio board members from seven to nine. Requires the additional members to be:

   1. A member of the Senate, appointed by the Senate Rules Committee.

   2. A member of the Assembly, appointed by the Speaker of the Assembly.

EXISTING LAW:

1. Establishes the Conservancy, which is responsible for the preservation and protection of specified lands.

2. Requires the Conservancy to prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan, which includes policies and priorities for the conservation of the San Gabriel River and its watershed, the Lower Los Angeles River, and the San Gabriel Mountains and identifies underused existing public open spaces and recommendations for providing better public use and enjoyment.

3. Establishes the Conservancy's governing board and specifies the board shall consist of 13 voting members and seven ex officio members, as follows:

   1. Voting members:

      1. A member of the Los Angeles County Board of Supervisors;

      2. Two members of the board of directors of the San Gabriel Valley Council of Governments who must be a mayor or city council member;

      3. Two members of the board of directors of the Gateway Cities Council of Governments, one must be the mayor of Long Beach or a Long Beach city council member and one must be appointed by the Speaker of the Assembly;

      4. Two members of the Orange County Division of the League of California Cities who must be mayors or city council members;

      5. A San Gabriel Water Association representative;

      6. A Central Basin Water Association representative;

      7. A member proposed by an environmental organization involved in restoration, open space, or river preservation activities;

      8. The Secretary of the Natural Resources Agency;

      9. The Secretary of the California Environmental Protection Agency; and,

      10. The Director of Finance.

   2. Ex officio members:

      1. The District Engineer of the United States (U.S.) Army Corps of Engineers;

      2. The Regional Forester of the Pacific Southwest Region, U.S. Forest Service;

      3. Director of Los Angeles County Department of Public Works;

      4. Director of Orange County Department of Public Works;

      5. A member of the San Gabriel River Watermaster;

      6. Director of State Parks; and,

      7. Executive Officer of the Wildlife Conservation Board.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has minor, absorbable state costs.

COMMENTS:

1. Purpose of this bill. According to the author:

The recently approved state water bond provides millions of dollars in funding opportunities for the revitalization of the Lower Los Angeles River watershed, including parks and open space along the river. Many of those funds, including a $30 million direct allocation for watershed improvements, and a share of $100 million for urban creek restoration, will be allocated through the Conservancy. Opportunities for improvements to the Lower Los Angeles River directly impact the communities that border the river. It is vital that the conservancy board include representation from the cities that border the river, to provide a local perspective on plans and developments. Adding state elected officials as non-voting board members in an advisory capacity has proven successful at other state conservancies.

2. Conservancy. The Conservancy was created by the California Legislature in 1999. It is one of 10 conservancies within the California Resources Agency. The Conservancy's mission is to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. The territory of the Conservancy includes the watersheds for the San Gabriel River and the lower Los Angeles River, along with portions of the Santa Clara River and the lower Santa Ana River. According to the Conservancy's Web-page it has received funding from Proposition 12 (2000), Proposition 13 (2000), Proposition 40 (2002), Proposition 50 (2002) and Proposition 84 (2006) in addition to the recently passed Proposition 1 (2014). Several of these bonds contained specified funding for the Conservancy [Proposition 84 ($36 million), Proposition 50 ($20 million), Proposition 40 ($40 million) and Proposition 12, which predated the establishment of the Conservancy, provided $25 million for the Los Angeles and San Gabriel River watersheds]. Additionally, Proposition 1 and the earlier bonds also include programs which the Conservancy would be eligible to receive funding from, such as urban river restoration, among others.

3. Legislative representation. There are nine other state conservancies with varying governing board member requirements which include:

   1. State Coastal Conservancy and Santa Monica Mountains Conservancy: In addition to their governing board members, three members of the Senate and three members of the Assembly are required to participate. There are no regional geographic requirements for the Senate or Assembly members.

   2. Sacramento-San Joaquin Delta Conservancy: The governing board consists of 11 voting members and two nonvoting members. The two nonvoting members must consist of a Senator member and an Assembly Member from districts encompassing a portion of the Delta.

   3. The remaining six conservancies do not have any requirements for members of the Senate or Assembly to participate.

This bill adds legislative representation to the Conservancy's governing board.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001239

Date of Hearing: July 8, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 355

Author:(Lara) – As Amended Ver:June 25, 2015

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

SUMMARY:

This bill increases the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy’s (Conservancy) governing board to 15 voting members and 9 ex officio members. Specifically, this bill:

1. Expands the Conservancy’s voting board members from 13 to 15 and specifies the two additional members will be appointed by the Governor. Specifies one member be a resident of a city bordering the San Gabriel River and one member be a resident of a city bordering the Lower Los Angeles River.

2. Expands the Conservancy’s ex officio board members from seven to nine. Requires the additional members to be:

1. A member of the Senate, appointed by the Senate Committee on Rules.

2. A member of the Assembly, appointed by the Speaker of the Assembly.
   
   

FISCAL EFFECT:

Minor, absorbable state costs.

COMMENTS:

1. Purpose. The recently approved state water bond provides millions of dollars in funding opportunities for the revitalization of the Los Angeles River watershed, including parks and open space along the river. Opportunities for improvements to the Lower Los Angeles River directly impact the communities that border the river.

This bill modifies the Conservancy board to include representation from the cities that border the river in order to provide a local perspective on plans and developments.

The Author further notes that adding state elected officials as non-voting board members in an advisory capacity has proven successful at other state conservancies.

2. Background. The Conservancy was created by the California Legislature in 1999. It is one of ten conservancies within the California Resources Agency. The Conservancy’s mission is to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. The territory of the Conservancy includes the watersheds for the San Gabriel River and the lower Los Angeles River, along with portions of the Santa Clara River and the lower Santa Ana River.

3. Bond Funding. Proposition 1 provides $30 million for the Conservancy and $100 million for urban rivers and streams including, but not limited to the LA River and its tributaries as defined in both the Conservancy Act and the Santa Monica Mountains Conservancy (SMMC) Act.

4. 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: June 22, 2015

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

SBPCA Bill Id:SB 355

Author:(Lara) – As Amended Ver:June 15, 2015

SENATE VOTE: 24-12

SUBJECT: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.

SUMMARY: Increases the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy’s (Conservancy) governing board to 15 voting members and nine ex officio members and specifies the additional members’ qualifications.

EXISTING LAW:

1. Establishes the Conservancy, which is responsible for the preservation and protection of specified lands.

2. Requires the Conservancy to prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan, which includes policies and priorities for the conservation of the San Gabriel River and its watershed, the Lower Los Angeles River, and the San Gabriel Mountains and identifies underused existing public open spaces and recommendations for providing better public use and enjoyment.

3. Establishes the Conservancy’s governing board and specifies the board shall consist of 13 voting members and seven ex officio members, as follows:

1. Voting members:

1. A member of the Los Angeles County Board of Supervisors;

2. Two members of the board of directors of the San Gabriel Valley Council of Governments who must be a mayor or city council member;

3. Two members of the board of directors of the Gateway Cities Council of Governments, one must be the mayor of Long Beach or a Long Beach city council member and one must be appointed by the Speaker of the Assembly;

4. Two members of the Orange County Division of the League of California Cities who must be mayors or city council members;

5. A San Gabriel Water Association representative;

6. A Central Basin Water Association representative;

7. A member proposed by an environmental organization involved in restoration, open space, or river preservation activities;

8. The Secretary of the Natural Resources Agency;

9. The Secretary of the California Environmental Protection Agency; and,

10. The Director of Finance.

2. Ex officio members:

1. The District Engineer of the U.S. Army Corps of Engineers;

2. The Regional Forester of the Pacific Southwest Region, U.S. Forest Service;

3. Director of Los Angeles County Department of Public Works;

4. Director of Orange County Department of Public Works;

5. A member of the San Gabriel River Watermaster;

6. Director of State Parks; and,

7. Executive Officer of the Wildlife Conservation Board.

THIS BILL:

1. Expands the Conservancy’s voting board members from 13 to 15 and specifies the two additional members will be appointed by the Governor. Specifies one member be a resident of a city bordering the San Gabriel River and one member be a resident of a city bordering the Lower Los Angeles River.

2. Expands the Conservancy’s ex officio board members from seven to nine. Requires the additional members to be:

1. A member of the Senate, appointed by the Senate Committee on Rules, whose Senate district is at least partially contained within the territory of the conservancy.

2. A member of the Assembly, appointed by the Speaker of the Assembly, whose Assembly district is at least partially contained within the territory of the conservancy.
   
   

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Purpose of this bill. According to the author:

The recently approved state water bond provides millions of dollars in funding opportunities for the revitalization of the Lower Los Angeles River watershed, including parks and open space along the river. Many of those funds, including a $30 million direct allocation for watershed improvements, and a share of $100 million for urban creek restoration, will be allocated through the Conservancy. Opportunities for improvements to the Lower Los Angeles River directly impact the communities that border the river. It is vital that the conservancy board include representation from the cities that border the river, to provide a local perspective on plans and developments. Adding state elected officials as non-voting board members in an advisory capacity has proven successful at other state conservancies.

2. Conservancy. The Conservancy was created by the California Legislature in 1999. It is one of ten conservancies within the California Resources Agency. The Conservancy’s mission is to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. The territory of the Conservancy includes the watersheds for the San Gabriel River and the lower Los Angeles River, along with portions of the Santa Clara River and the lower Santa Ana River. According to the Conservancy’s web-page it has received funding from Proposition 12 (2000), Proposition 13 (2000), Proposition 40 (2002), Proposition 50 (2002) and Proposition 84 (2006) in addition to the recently passed Proposition 1. Several of these bonds contained specified funding for the Conservancy [Proposition 84 ($36 million), Proposition 50 ($20 million), Proposition 40 ($40 million) and Proposition 12, which predated the establishment of the Conservancy, provided $25 million for the Los Angeles and San Gabriel River watersheds]. Additionally, Proposition 1 and the earlier bonds also include programs which the Conservancy would be eligible to receive funding from, such as urban river restoration, among others.

3. Legislative representation. There are nine other state conservancies with varying governing board member requirements which include:

1. State Coastal Conservancy and Santa Monica Mountains Conservancy: In addition to their governing board members, three members of the Senate and three members of the Assembly are required to participate. There are no regional geographic requirements for the Senate or Assembly members.

2. Sacramento-San Joaquin Delta Conservancy: The governing board consists of eleven voting members and two nonvoting members. The two nonvoting members must consist of a Senate member and an Assembly member from districts encompassing a portion of the Delta.

3. The remaining six conservancies do not have any requirements for members of the Senate or Assembly to participate.

This bill seeks to add legislative representation to the governing board and requires those representatives come from districts encompassing a portion of the conservancy territory. Although it might often be best to have participating legislators from the region, permanently limiting the choices the Senate Committee on Rules and Speaker of the Assembly might exclude the best fit for these positions. The author and committee may wish to consider striking the requirement that the legislative district is at least partially contained within the territory of the conservancy.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Paramount
City of South Gate
City of Vernon
Office of the Mayor, City of Compton

Opposition

Anaheim Chamber of Commerce

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

 THIRD READING 

Bill No: SB 355

Author: Lara (D)

Amended: 4/6/15

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 6-2, 4/14/15

AYES: Pavley, Allen, Hueso, Jackson, Monning, Wolk

NOES: Stone, Fuller

NO VOTE RECORDED: Hertzberg

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy

SOURCE: Author

DIGEST: This bill changes the membership of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy’s (RMC’s) board by changing the selection criteria for one of the existing voting members and adding two non-voting members.

ANALYSIS:

Existing law:

1. Establishes ten conservancies in state government within the Natural Resources Agency and provides varying criteria for board membership among the conservancies. There are typically both voting and non-voting members, many of whom must satisfy territorial representation or residency requirements. Board members may serve due to the office they hold (e.g. the Secretary of the Natural Resources Agency) or are selected by a variety of methods including appointment by the Senate Committee on Rules, the Speaker of the Assembly and the Governor.

2. Establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) (Public Resources Code (PRC) §32600 et seq.). The RMC’s mission is, among other things, to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction.

3. Establishes the RMC’s territory which includes the watersheds for the San Gabriel River and the Los Angeles River, along with portions of the Santa Clara River and the lower Santa Ana River. The RMC includes portions of western Orange and eastern Los Angeles counties.

4. Establishes the RMC board. The board is composed of 13 voting and 7 non voting members (PRC §32605).

1. The voting members include:

1. A member of the Los Angeles County Board of Supervisors, as specified.

2. Two members of the board of directors of the San Gabriel Valley Council of Governments, as specified. Both members shall be a mayor or city council member.

3. Two members of the board of directors of the Gateway Cities Council of Governments, as specified (one shall be the mayor of Long Beach or a Long Beach city council member).

4. Two members of the Orange County Division of the League of California Cities, as specified. Both shall be mayors or city council members.

5. A San Gabriel Water Association representative.

6. A Central Basin Water Association representative.

7. A member, proposed by an environmental organization, involved in restoration, open space, or river preservation activities, as specified.

8. The Secretary of the Natural Resources Agency.

9. The Secretary of the California Environmental Protection Agency.

10. The Director of Finance.

Some members of the RMC board holding local public office must satisfy certain additional territorial requirements.

2. The non-voting members include:

1. The District Engineer, U.S. Army Corps of Engineers.

2. The Regional Forester, Pacific Southwest Region, U.S. Forest Service.

3. Director, Los Angeles County of Public Works.

4. Director, Orange County Department of Public Works.

5. A San Gabriel Watermaster representative.

6. Director, State Parks.

7. Executive Officer, Wildlife Conservation Board.

This bill changes the membership of the RMC board by changing the selection criteria for one of the existing voting members and adding two non-voting members (for a board composed of 13 voting and 9 non-voting members) by:

1. Removing one of the two voting members selected from the Orange County Division of the League of California Cities and replacing him or her with a resident of a city bordering the Lower Los Angeles River, appointed by the Governor, as specified.

2. Adding a member of the Senate and a member of the Assembly, appointed by the Senate Committee on Rules and the Speaker, respectively, as non-voting members.

Comments

Geographic shift in RMC board composition. A member from Orange County would be replaced by a member from Los Angeles County. Most of the RMC territory is in Los Angeles County, and, as noted by the opponents, most of its Board members are too. The current RMC board includes a representative from Long Beach (adjacent to the Lower Los Angeles River). The other members from Los Angeles County may not necessarily represent communities directly adjacent to the Lower Los Angeles River.

Legislators sit on other Conservancy Boards. The Santa Monica Mountains Conservancy, the State Coastal Conservancy and the Sacramento-San Joaquin Delta Conservancy provide for sitting members of the Assembly and Senate to participate on or with their respective boards in a non-voting capacity.

Recent related legislation

AB 530 (Rendon, 2015) provides for the establishment of a local working group, including representatives from the RMC, to develop a revitalization plan for the Lower Los Angeles River. (before the Assembly Water Parks and Wildlife Committee)

SB 1664 (Romero, 2002) would have added 4 non-voting members to the RMC Board – 2 each from the Senate and Assembly, respectively. (failed on Assembly floor.)

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

SUPPORT: (Verified 4/21/15)

City of Bell

City of Compton

City of Cudahy

City of Paramount

City of South Gate

City of Vernon

OPPOSITION: (Verified 4/21/15)

Association of California Cities – Orange County

City of Brea

City of Buena Park

City of Fullerton

City of Garden Grove

City of Laguna Hills

City of La Habra

City of La Palma

City of Los Alamitos

City of Newport Beach

Orange County Council of Governments

Orange County Division, League of California Cities

Orange County Sanitation District

Yorba Linda Water District

ARGUMENTS IN SUPPORT: According to the author, “[t]he recently approved state water bond provides millions of dollars in funding opportunities for the revitalization of the Lower Los Angeles River watershed, including parks and open space along the River. Many of those funds, including a $30 million direct allocation for watershed improvements, and a share of $100 [million] for urban creek restoration, will be allocated through the RMC. Opportunities for improvements to the Lower Los Angeles River directly impact the communities that border the River. It is vital that the conservancy board include representation from the cities that border the river, to provide a local perspective on plans and development.”

“Adding state elected officials as non-voting board members in an advisory capacity has proven successful at other state conservancies.”

ARGUMENTS IN OPPOSITION: The City of Laguna Hills writes, “[t]he RMC is a critical pathway to regional collaboration on environmental and water quality issues. Ensuring broad representation on the RMC is an effective strategy to developing the programs and procuring the funds, through Proposition 1 or other vehicles, to achieve regional environmental objectives. […] These funds will work towards improving all of Southern California, not just one county.”

The City continues that SB 355 “would unequivocally marginalize the voice of Orange County, which currently holds just two of thirteen voting seats on the RMC, just as critical and competitive funding programs begin to take shape,” and notes the importance of the Santa Ana River watershed to Orange County’s groundwater and water supply.

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

4/22/15 16:20:05

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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: SB 355 Hearing Date: April 14, 2015

Subject: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy

BACKGROUND AND EXISTING LAW

1. There are ten conservancies currently established by law in state government within the California Natural Resources Agency.

2. In general, the governing statutes for each conservancy provide its mission (typically to acquire and manage public lands in a specified area to provide open space, wildlife habitat restoration, recreational and education experiences, among other goals), and establish the territory of the conservancy, criteria for board membership, and the framework for its activities.

3. The criteria for board membership varies among the conservancies. There are typically both voting and non-voting members, many of whom must satisfy territorial representation or residency requirements. Board members may serve due to the office they hold (e.g. the Secretary of the Natural Resources Agency) or are selected by a variety of methods including appointment by the Senate Committee on Rules, the Speaker of the Assembly and the Governor.

4. The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the Legislature in 1999 (SB 216, Solis, c. 89 and AB 1355, Havice, c. 90, Statutes of 1999)(Public Resources Code (PRC) §32600 et seq.). The RMC’s mission is, among other things, to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction.

5. The RMC territory includes the watersheds for the San Gabriel River and the Los Angeles River, along with portions of the Santa Clara River and the lower Santa Ana River. It includes portions of western Orange and eastern Los Angeles counties.

6. The RMC board is composed of 13 voting and 7 non-voting members (PRC §32605). The voting members include:

• A member of the Los Angeles County Board of Supervisors, as specified (appointed by the Governor)

• 2 members of the board of directors of the San Gabriel Valley Council of Governments, as specified (appointed by the Senate Committee on Rules and by a majority vote of said board of directors). Both members shall be a mayor or city council member.

• 2 members of the board of directors of the Gateway Cities Council of Governments, as specified (one shall be the mayor of Long Beach or a Long Beach city council member appointed by the mayor, and one appointed by the Speaker of the Assembly)

• 2 members of the Orange County Division of the League of California Cities, as specified (appointed by a majority vote of membership and by the Governor). Both shall be mayors or city council members.

• A San Gabriel Water Association representative

• A Central Basin Water Association representative

• A member, proposed by an environmental organization, involved in restoration, open space, or river preservation activities, as specified (appointed by the Governor).

• The Secretary of the Natural Resources Agency

• The Secretary of the California Environmental Protection Agency

• The Director of Finance.

Some members of the RMC board holding local public office must satisfy certain additional territorial requirements. Certain members may appoint designees to represent them on the RMC Board.

The non-voting RMC board members include:

• The District Engineer, U.S. Army Corps of Engineers

• The Regional Forester, Pacific Southwest Region, U.S. Forest Service

• Director, Los Angeles County of Public Works

• Director, Orange County Department of Public Works

• A San Gabriel Watermaster representative

• Director, State Parks

• Executive Officer, Wildlife Conservation Board

Non-voting members may be represented by his or her designee.

7. In 2006, the Senate Natural Resources and Water Committee omnibus bill (SB 1843, c. 94, Statutes of 2006) revised the RMC statutes to, among other things, allow the member representing the Los Angeles County Board of Supervisors to appoint his or her designee for the board. More recently, the 2012 Resources budget trailer bill provided for alternate requirements for the San Gabriel Valley Council of Governments board member appointed by the Senate Committee on Rules in certain conditions (SB 1018, c. 38, Statutes of 2012).

8. The Santa Monica Mountains Conservancy, the State Coastal Conservancy and the Sacramento-San Joaquin Delta Conservancy provide for sitting members of the Assembly and Senate to participate on or with their respective boards in a non-voting capacity.

PROPOSED LAW

This bill would change the membership of the RMC Board by changing the selection criteria for one of the existing voting members and adding two non-voting members. Specifically, this bill would:

• Increase the non-voting number of members from 7 to 9, and retain the existing number of 13 voting members. The two additional non-voting members would be a member of the Senate and a member of the Assembly, appointed by the Senate Committee on Rules and the Speaker, respectively.

• Remove one of the two voting members selected from the Orange County Division of the League of California Cities (the one selected by a majority of the membership of the city selection committee of Orange County) and replace him or her with a resident of a city bordering the Lower Los Angeles River appointed by the Governor, as specified.

ARGUMENTS IN SUPPORT

According to the author, “[t]he recently approved state water bond provides millions of dollars in funding opportunities for the revitalization of the Lower Los Angeles River watershed, including parks and open space along the River. Many of those funds, including a $30 million direct allocation for watershed improvements, and a share of $100 [million] for urban creek restoration, will be allocated through the RMC. Opportunities for improvements to the Lower Los Angeles River directly impact the communities that border the River. It is vital that the conservancy board include representation from the cities that border the river, to provide a local perspective on plans and development.”

“Adding state elected officials as non-voting board members in an advisory capacity has proven successful at other state conservancies.”

ARGUMENTS IN OPPOSITION

The City of Laguna Hills writes, “[t]he RMC is a critical pathway to regional collaboration on environmental and water quality issues. Ensuring broad representation on the RMC is an effective strategy to developing the programs and procuring the funds, through Proposition 1 or other vehicles, to achieve regional environmental objectives. […] These funds will work towards improving all of Southern California, not just one county.”

The City continues that SB 355 “would unequivocally marginalize the voice of Orange County, which currently holds just two of thirteen voting seats on the RMC, just as critical and competitive funding programs begin to take shape,” and notes the importance of the Santa Ana River watershed to Orange County’s groundwater and water supply. The City of Laguna Hills’ comments are echoed by the other opponents of the bill.

COMMENTS

Conservancy board membership changes over time. It is not unusual for the Legislature to make changes in the number of board members or the criteria for board membership over time for a conservancy. As noted above, membership in the RMC board was changed by a committee bill in 2006. Additionally, for example, in the last session changes impacting the boards of both the Santa Monica Mountains and the Baldwin Hills Conservancies were approved (see below for specifics).

Geographic shift in RMC board composition. A member from Orange County would be replaced by a member from Los Angeles County. Most of the RMC territory is in Los Angeles County, and, as noted by the opponents, most of its Board members are too. The current RMC board includes a representative from Long Beach (adjacent to the Lower Los Angeles River). The other members from Los Angeles County may not necessarily represent communities directly adjacent to the Lower Los Angeles River.

The RMC received specified funding in bonds prior to Proposition 1 (2014). According to the RMC web-page it has received funding from Proposition 12 (2000), Proposition 13 (2000), Proposition 40 (2002), Proposition 50 (2002) and Proposition 84 (2006) in addition to the recently-passed Proposition 1. Several of these bonds contained specified funding for the RMC (Proposition 84 ($36 million), Proposition 50 ($20 million), Proposition 40 ($40 million) and Proposition 12, which predated the establishment of the RMC, provided $25 million for the Los Angeles and San Gabriel River watersheds). Additionally, Proposition1 and the earlier bonds also include programs which the RMC would be eligible to receive funding from such as urban river restoration, among others.

Recent related legislation.

AB 530 (Rendon, 2015) would provide for the establishment of a local working group, including representatives from the RMC, to develop a revitalization plan for the Lower Los Angeles River. (before the Assembly Water Parks and Wildlife Committee)

SB 238 (Liu, c. 211, Statutes of 2013) changed the ability of the non-voting member of the Santa Monica Mountains Conservancy Board representing the Angeles National Forest to vote on items impacting said forest.

SB 184 (Committee on Governance and Finance, c. 184, Statutes of 2013) allowed the member of the Board of Supervisors of Los Angeles County serving on the board of the Baldwin Hills Conservancy board to appoint a designee to represent him or her.

SB 1664 (Romero, 2002) would have added 4 non-voting members to the RMC Board – 2 each from the Senate and Assembly, respectively. (failed on Assembly floor.)

SUPPORT

City of Cudahy

City of Paramount

OPPOSITION

Association of California Cities – Orange County

City of Brea

City of Fullerton

City of Laguna Hills

City of Los Alamitos

City of Newport Beach

Orange County Division, League of California Cities (unless amended)

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