Bill Text: CA AB1818 | 2009-2010 | Regular Session | Amended
Bill Title: Santa Monica Mountains Conservancy: Upper Los Angeles
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, final hearing. Held under submission. [AB1818 Detail]
Download: California-2009-AB1818-Amended.html
BILL NUMBER: AB 1818 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
AMENDED IN ASSEMBLY MARCH 16, 2010
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 11, 2010
An act to amend Section 33200 of, and to add Chapter 4 (commencing
with Section 33220) to Division 23 of, the Public Resources Code,
relating to the Santa Monica Mountains Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1818, as amended, Blumenfield. Santa Monica Mountains
Conservancy: Upper Los Angeles River and Watershed Protection
Program.
(1) Existing law establishes the Santa Monica Mountains
Conservancy within the Natural Resources Agency and prescribes its
functions with respect to the Santa Monica Mountains Zone, as
defined.
This bill would establish the Upper Los Angeles River and
Watershed Protection Program. The program would be administered by
the Santa Monica Mountains Conservancy to address the resource
protection, public recreation, water conservation, and water quality
goals of the Upper Los Angeles River watershed in a coordinated,
comprehensive, and effective way.
The bill would establish the Upper Los Angeles River and Watershed
Protection Program Stakeholder Advisory Committee, comprised of a
specified membership, with certain duties regarding proposing and
reviewing projects for funding. The bill would authorize the
conservancy to undertake projects and award grants to an eligible
entity, as defined, for a project that is consistent with the program
and meets other requirements. The conservancy would be authorized to
adopt grant approval criteria, which would not be regulations
subject to the rule-making provisions of the Administration Procedure
Act. The conservancy would be required to submit in its annual
report to the Governor and Legislature certain information regarding
the projects funded by the program.
The bill would establish the Upper Los Angeles River and Watershed
Protection Program Account within the Santa Monica Mountains
Conservancy Fund. The bill would specify the funds that may be
transferred into that account.
(2) Existing law specifies the membership of the Santa Monica
Mountains Conservancy as consisting of 9 voting members and 3 ex
officio members.
This bill would additionally add to the membership of the
conservancy, the chairperson of the Upper Los Angeles River and
Watershed Protection Program Stakeholder Advisory Committee, except
the bill would authorize that person to vote only upon a project
within the Upper Los Angeles River Watershed.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33200 of the Public Resources Code is amended
to read:
33200. (a) The Santa Monica Mountains Conservancy is hereby
established within the Natural Resources Agency. The conservancy is
composed of 10 voting members and three ex officio members. The
voting members are as follows:
(1) The Superintendent of the Santa Monica Mountains National
Recreation Area, or his or her designee.
(2) A member representing the City of Los Angeles, appointed by
the mayor with the approval of the city council.
(3) Three public members who shall be residents of either the
County of Los Angeles or the County of Ventura, one of whom shall be
appointed by the Governor, one of whom shall be appointed by the
Senate Committee on Rules, and one of whom shall be appointed by the
Speaker of the Assembly. At least one of the public members shall
reside within the San Fernando Valley statistical area, as described
in subdivision (c) of Section 11093 of the Government Code. The seat
of a public member shall be deemed vacant if the member changes his
or her residence to a county other than Los Angeles or Ventura
County.
(4) An elected official who is a representative nominated by the
city councils of those cities, which have at least 75 percent of
their areas within the zone, who shall be appointed by the Board of
Supervisors of the County of Los Angeles or a member appointed by the
Board of Supervisors of the County of Los Angeles, or that member's
designee.
(5) An elected official who is either a member of the City Council
of the City of Thousand Oaks or a member of the Board of Supervisors
of the County of Ventura and who shall be appointed by the Board of
Supervisors of the County of Ventura, or the elected official's
designee.
(6) The Secretary of the Natural Resources Agency or an employee
of the agency designated by the secretary.
(7) The Superintendent of the Angeles District of the Department
of Parks and Recreation, or his or her designee.
(8) The chairperson of the Upper Los Angeles River and Watershed
Stakeholder Advisory Committee, except that person shall vote only
upon a project in the watershed of the Los Angeles River upstream of
the northernmost boundary of the City of Vernon, as specified in
Section 79508 of the Water Code.
(b) (1) (A) The California Coastal Commission and the State
Coastal Conservancy shall each appoint an ex officio member who shall
be either a member or employee of their respective agency. The ex
officio member appointed by the California Coastal Commission and the
State Coastal Conservancy shall be nonvoting members, except that
the ex officio member appointed by the State Coastal Conservancy may
vote on any matter relating to a project undertaken within the
coastal zone portion of the zone.
(B) On the 10th working day after certification pursuant to
Chapter 6 (commencing with Section 30500) of Division 20 of any local
coastal program, or any portion thereof, for any portion of the
zone, the ex officio member appointed by the California Coastal
Commission may vote on any matter relating to a project undertaken
within the coastal zone portion of the zone and the ex officio member
appointed by the State Coastal Conservancy may not vote on the
matter.
(2) The Supervisor of the Angeles National Forest shall also serve
as an ex officio, nonvoting member of the conservancy.
(c) The chairperson and vice chairperson of the conservancy shall
be selected by the voting members of the conservancy for a one-year
term. A majority of the total authorized and appointed voting
membership of the conservancy constitutes a quorum for the
transaction of any business under this division.
(d) (1) The following members of the conservancy shall be
compensated for attendance at regular meetings of the conservancy at
the rate of one hundred dollars ($100) per day:
(A) The public members.
(B) The member appointed by the Board of Supervisors of the County
of Los Angeles or that member's designee, unless the member or
designee is also a member of the board of supervisors, in which case
no compensation shall be paid.
(C) The member appointed by the Board of Supervisors of the County
of Ventura or that member's designee, unless the member or designee
is also a member of a board of supervisors, in which case no
compensation shall be paid.
(D) The members appointed by the State Coastal Conservancy and the
California Coastal Commission if these members are not employees of
their respective agency or are not full-time compensated elected
officials.
(E) The appointed member representing the City of Los Angeles.
(2) All members of the conservancy shall be reimbursed for actual
and necessary expenses, including travel expenses, incurred in the
performance of their duties.
SEC. 2. Chapter 4 (commencing with Section 33220) is added to
Division 23 of the Public Resources Code, to read:
CHAPTER 4. UPPER LOS ANGELES RIVER AND WATERSHED PROTECTION
PROGRAM
33220. (a) The Upper Los Angeles River and Watershed Protection
Program is hereby established, to be administered by the Santa Monica
Mountains Conservancy, to address the resource protection, public
recreation, water conservation, and water quality goals of the Upper
Los Angeles River and Watershed in a coordinated, comprehensive, and
effective way.
(b) The Upper Los Angeles River and Watershed Protection Program
established by this chapter is in addition to existing regulatory and
planning programs.
33221. The Legislature finds and declares both of the following
to be the objectives of this chapter:
(a) The Upper Los Angeles River and Watershed, focused on the
Upper Los Angeles River and its tributaries, comprises a unique and
valuable economic, environmental, educational, and recreational
resource that should be protected for the use and enjoyment of
present and future generations.
(b) Subject to the highest priority for the protection of public
safety and flood protection, the conservation, restoration,
recreation, water quality, and economic development projects along
the Upper Los Angeles River and its tributaries funded through the
program should achieve multiple benefits and have stakeholder
consensus to the greatest extent possible consistent with these
objectives.
33222. Unless the context requires otherwise, the definitions set
forth in this section shall govern the interpretation of this
chapter.
(a) "Account" means the Upper Los Angeles River and Watershed
Protection Program Account established pursuant to Section 33228.
(b) "Conservancy" means the Santa Monica Mountains Conservancy.
(c) "Eligible entity" means a state agency, city, county, joint
powers authority, or nonprofit organization qualified pursuant to
Section 501(c)(3) of the Internal Revenue Code.
(d) "Los Angeles River Master Plan" means the plan adopted in 1996
by the Board of Supervisors of the County of Los Angeles and any
amendments to that plan.
(e) "Los Angeles River Revitalization Master Plan" means the plan
adopted by the Los Angeles City Council in April of 2007 and any
amendments to that plan.
(f) "Program" means the Upper Los Angeles River and Watershed
Protection Program established pursuant to this chapter.
(g) "Stakeholder committee" means the Upper Los Angeles River and
Watershed Protection Program Stakeholder Advisory Committee
established pursuant to Section 33224.
(h) "Upper Los Angeles River and Watershed" or "watershed" means
the watershed of the Los Angeles River upstream of the northernmost
boundary of the City of Vernon, as specified in Section 79508 of the
Water Code.
33223. (a) The Upper Los Angeles River and Watershed Protection
Program may consist of all of the following projects:
(1) All projects identified by the City of Los Angeles in the Los
Angeles River Revitalization Master Plan.
(2) All projects identified by the County of Los Angeles in the
Los Angeles River Master Plan.
(3) Any other project that may be recommended by the stakeholder
committee and approved by the conservancy.
(4) Any other project that may be recommended by the conservancy.
(b) All projects identified pursuant to subdivision (a) shall be
consistent with the San Gabriel and Los Angeles River Watershed and
Open Space Plan, as adopted by the San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy and the Santa Monica Mountains
Conservancy, as specified pursuant to Section 79508 of the Water
Code.
33224. (a) There is hereby established the Upper Los Angeles
River and Watershed Protection Program Stakeholder Advisory
Committee. The committee shall be comprised of 10 voting members and
five ex officio members, as follows:
(1) Three members of the public, who shall be appointed one each
by the Governor, the Speaker of the Assembly, and the Senate
Committee on Rules, and all of whom shall be residents within the
Upper Los Angeles River Watershed.
(A) The member appointed by the Governor shall have demonstrated
expertise in engineering, fluvial geomorphology, river restoration,
or similar professional disciplines.
(B) The member appointed by the Senate Committee on Rules shall
have demonstrated expertise in the private or nonprofit sector
development of river revitalization projects.
(C) The member appointed by the Speaker of the Assembly shall have
demonstrated credentials representing local communities along the
Upper Los Angeles River or the Upper Los Angeles River Watershed.
(2) The Director of the Los Angeles County Department of Public
Works, or a designated employee thereof.
(3) A member of the Board of Supervisors of Los Angeles County, to
be appointed by the board, or a designee thereof.
(4) The Los Angeles City Engineer or a designated employee
thereof.
(5) A member of the Los Angeles City Council, to be appointed
(5) The chairperson of the Los Angeles
City Council Ad Hoc Committee on the Los Angeles River, or if that
committee ceases to exist, a member of the Los Angeles City Council,
to be appointed by the Mayor of the City of Los Angeles.
(6) A member of the city council of a city within the watershed,
other than the City of Los Angeles, as determined by the city
selection committee. The term of that member shall be one year, and
thereafter another member shall be chosen, with the intent that a
rotating membership shall include representation from the Cities of
Flintridge, La Canada La Canada Flintridge
, Pasadena, San Fernando, and South Pasadena.
(7) The Secretary of the Natural Resources Agency or his or her
employee designee.
(8) A member appointed by the conservancy to represent underserved
communities, which person shall have had previous experience and
expertise in the representation of those communities.
(9) Five ex officio members, who shall have full rights of
participation in the deliberations of the committee, but who shall
have no vote:
(A) The District Engineer of the United States Army Corps of
Engineers, or his or her employee designee.
(B) The executive officer of the San Gabriel and Lower Los Angeles
River Mountains and Rivers Conservancy, or his or her employee
designee.
(C) The Chairperson of the Los Angeles and San Gabriel
River Rivers Watershed Council , or his or
her employee designee .
(D) The Chairperson of the Los Angeles River Revitalization
Corporation.
(E) The Director of the Department of Parks and Recreation, or an
employee designated thereby.
(b) The stakeholder committee shall do all of the following:
(1) Encourage public participation in the development of projects
along the Upper Los Angeles River and Watershed and its tributaries.
(2) Propose projects for funding by the program.
(3) As a body that is representative of stakeholders, review and
coordinate projects to avoid duplication and to achieve maximum
multiple benefits from projects funded by the program.
(4) Annually review the program and solicit nominations of new
projects from all affected constituencies and from all portions of
the watershed.
(5) Advise the conservancy with respect to project funding
priorities.
(c) The stakeholder committee shall annually select a chairperson
and vice chairperson.
(d) (1) The conservancy shall provide funding for the
administrative implementation of this chapter using only existing
state fiscal resources, including, but not limited to, funding for
the stakeholder committee member expenses, funding for staff support
of the activities of the stakeholder committee, and funding for the
conservancy's implementation of this chapter.
(2) Notwithstanding any other law, the conservancy may accept
donations of money or services or utilize the staff of any qualified
public or private entity that shares the same mission or objectives
of the program, as determined by the conservancy, to assist the
stakeholder committee and the conservancy in the implementation of
this chapter.
33225. (a) The conservancy may undertake projects and award
grants to an eligible entity pursuant to this chapter, in accordance
with all of the following conditions:
(1) The conservancy finds the project furthers the purposes and
objectives of this chapter.
(2) If the project is funded pursuant to subdivision (c) of
Section 79570 of the Water Code, the conservancy finds the project is
consistent with Section 79508 of the Water Code.
(3) If the project is funded pursuant to paragraph (2) of
subdivision (g) of Section 75050, the conservancy finds the project
is consistent with the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006
(Division 43 (commencing with Section 75001)).
(4) The conservancy may acquire real property or any interests in
real property pursuant to Section 33203.
(5) The conservancy may award a grant to a qualified nonprofit
organization pursuant to Section 33204.2.
(b) (1) The conservancy may, after public hearing and full
consultation with the stakeholder committee, adopt grant approval
criteria to carry out the chapter.
(2) The criteria adopted pursuant to paragraph (1) are not
regulations within the meaning of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) and shall not be subject to that
chapter.
(c) The conservancy may approve, disapprove, or condition the
approval of a grant or proposal project, to better comply with the
purposes of this chapter or to safeguard the expenditure of public
funds.
(d) The conservancy may undertake a project directly only if the
conservancy makes a finding that the project is consistent with the
objectives of subdivision (b) of Section 33221.
33226. In the annual report required pursuant to Section 33208,
the conservancy shall include all of the following information:
(a) A listing and status of all projects funded by the program and
the extent to which those projects meet the objectives of this
chapter.
(b) The status of the account and any recommendations for
additional funding necessary to meet the objectives of the program.
(c) Recommendations for additional legislation or administrative
actions that would better fulfill the purposes and objectives of this
chapter.
33227. Any authority granted by this chapter is in addition to
any other power the conservancy or any other state or local agency
may exercise pursuant to any other provision of law.
33228. The Upper Los Angeles River and Watershed Program
Protection Account is hereby established within the Santa Monica
Mountains Conservancy Fund. Funds authorized pursuant to subdivision
(c) of Section 79570 of the Water Code, funds authorized pursuant to
paragraph (2) of subdivision (g) of Section 75050, future bond
revenues, federal funds, and private funding may be transferred into
the account.
33229. (a) This chapter shall be liberally construed so as to
promote the coordinated and efficient achievement of the objectives
of the chapter, as stated in Sections 33221 and 33222.
(b) This chapter does not affect any of the following:
(1) The jurisdiction of the Los Angeles County Flood Control
District, the Department of Public Works of the County of Los
Angeles, the United States Army Corps of Engineers, the City of Los
Angeles, or the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy.
(2) The privileges and immunities of the Los Angeles County Flood
Control District or the Los Angeles County Department of Public Works
over land or waters under the jurisdiction thereof pursuant to any
provision of law.
(3) The jurisdiction of the City of Los Angeles over the Los
Angeles River as secured by the Los Angeles City Charter or any other
applicable provision of law.
(4) The authority of the conservancy to exercise its fiduciary
responsibilities with respect to any funds appropriated to it.
(5) The responsibility or authority of the executive director of
the conservancy to take any actions necessary to comply with the
provisions of the Financial Integrity and State Manager's
Accountability Act of 1983 (Chapter 5 (commencing with Section 13400)
of Part 3 of Division 3 of Title 2 of the Government Code).
(6) The authority of the Santa Monica Mountains Conservancy
Advisory Committee to make a recommendation pursuant to subdivision
(e) of Section 33213.
(7) The privileges and immunities of any state agency over
state-owned land, including those of the conservancy as affirmed
pursuant to subdivision (b) of Section 33008 and subdivision (d) of
Section 33211.
SEC. 3. It is the intent of the Legislature that the Upper Los
Angeles River and Watershed Protection Program (Chapter 4 (commencing
with Section 33220) of Division 23 of the Public Resources Code), as
added by Section 2 of this act, shall be implemented within existing
budgetary resources, and that the Santa Monica Mountains Conservancy
shall utilize, to the greatest extent possible, the resources of
other governmental entities and nonprofit organizations in carrying
out its responsibilities pursuant to the program.
