California 2017-2018 Regular Session

California Senate Bill SB1367 Compare Versions

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1-Senate Bill No. 1367 CHAPTER 738 An act to amend Sections 32642, 32643, and 32656.1 of, and to add Chapter 4.5 (commencing with Section 32659) to Division 22.9 of the Public Resources Code, relating to the San Diego River Conservancy. [ Approved by Governor September 23, 2018. Filed with Secretary of State September 23, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 1367, Atkins. San Diego River Conservancy: San Diego Rivers Watershed Consortium Program.Existing law establishes the San Diego River Conservancy to acquire and direct the management of specified public lands in the San Diego River area, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law establishes the San Diego River Conservancy Fund, and requires that moneys in the fund be available, upon appropriation, for the purposes of the conservancy.This bill would require the conservancy to establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, and to improve access to public lands. The bill would require the conservancy, in administering the program, to create 3 advisory panels representing watersheds within the area, comprised of specified members, to offer advice, expertise, support, and service to the conservancy in those respective watershed areas. The bill would create the San Diego Rivers Watershed Consortium Program Account in the fund, and would authorize the conservancy, upon appropriation, to expend moneys from the account for purposes of the program.Existing law, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, requires the conservancy to prepare and submit to the Governor and the Legislature a report that includes specified information and recommendations relating to projects funded or undertaken by the conservancy, as provided.This bill would additionally require that the report include a summary of the program established by the bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 32642 of the Public Resources Code is amended to read:32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.SEC. 2. Section 32643 of the Public Resources Code is amended to read:32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.SEC. 3. Section 32656.1 of the Public Resources Code is amended to read:32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.SEC. 4. Chapter 4.5 (commencing with Section 32659) is added to Division 22.9 of the Public Resources Code, to read: CHAPTER 4.5. San Diego Rivers Watershed Consortium32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy. 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
1+Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 28, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly July 02, 2018 Amended IN Senate April 17, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1367Introduced by Senator Atkins(Coauthor: Senator Hueso)(Coauthors: Assembly Members Gloria and Gonzalez Fletcher)February 16, 2018 An act to amend Sections 32642, 32643, and 32656.1 of, and to add Chapter 4.5 (commencing with Section 32659) to Division 22.9 of the Public Resources Code, relating to the San Diego River Conservancy. LEGISLATIVE COUNSEL'S DIGESTSB 1367, Atkins. San Diego River Conservancy: San Diego Rivers Watershed Consortium Program.Existing law establishes the San Diego River Conservancy to acquire and direct the management of specified public lands in the San Diego River area, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law establishes the San Diego River Conservancy Fund, and requires that moneys in the fund be available, upon appropriation, for the purposes of the conservancy.This bill would require the conservancy to establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, and to improve access to public lands. The bill would require the conservancy, in administering the program, to create 3 advisory panels representing watersheds within the area, comprised of specified members, to offer advice, expertise, support, and service to the conservancy in those respective watershed areas. The bill would create the San Diego Rivers Watershed Consortium Program Account in the fund, and would authorize the conservancy, upon appropriation, to expend moneys from the account for purposes of the program.Existing law, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, requires the conservancy to prepare and submit to the Governor and the Legislature a report that includes specified information and recommendations relating to projects funded or undertaken by the conservancy, as provided.This bill would additionally require that the report include a summary of the program established by the bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 32642 of the Public Resources Code is amended to read:32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.SEC. 2. Section 32643 of the Public Resources Code is amended to read:32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.SEC. 3. Section 32656.1 of the Public Resources Code is amended to read:32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.SEC. 4. Chapter 4.5 (commencing with Section 32659) is added to Division 22.9 of the Public Resources Code, to read: CHAPTER 4.5. San Diego Rivers Watershed Consortium32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy. 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
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3- Senate Bill No. 1367 CHAPTER 738 An act to amend Sections 32642, 32643, and 32656.1 of, and to add Chapter 4.5 (commencing with Section 32659) to Division 22.9 of the Public Resources Code, relating to the San Diego River Conservancy. [ Approved by Governor September 23, 2018. Filed with Secretary of State September 23, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 1367, Atkins. San Diego River Conservancy: San Diego Rivers Watershed Consortium Program.Existing law establishes the San Diego River Conservancy to acquire and direct the management of specified public lands in the San Diego River area, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law establishes the San Diego River Conservancy Fund, and requires that moneys in the fund be available, upon appropriation, for the purposes of the conservancy.This bill would require the conservancy to establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, and to improve access to public lands. The bill would require the conservancy, in administering the program, to create 3 advisory panels representing watersheds within the area, comprised of specified members, to offer advice, expertise, support, and service to the conservancy in those respective watershed areas. The bill would create the San Diego Rivers Watershed Consortium Program Account in the fund, and would authorize the conservancy, upon appropriation, to expend moneys from the account for purposes of the program.Existing law, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, requires the conservancy to prepare and submit to the Governor and the Legislature a report that includes specified information and recommendations relating to projects funded or undertaken by the conservancy, as provided.This bill would additionally require that the report include a summary of the program established by the bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 28, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly July 02, 2018 Amended IN Senate April 17, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1367Introduced by Senator Atkins(Coauthor: Senator Hueso)(Coauthors: Assembly Members Gloria and Gonzalez Fletcher)February 16, 2018 An act to amend Sections 32642, 32643, and 32656.1 of, and to add Chapter 4.5 (commencing with Section 32659) to Division 22.9 of the Public Resources Code, relating to the San Diego River Conservancy. LEGISLATIVE COUNSEL'S DIGESTSB 1367, Atkins. San Diego River Conservancy: San Diego Rivers Watershed Consortium Program.Existing law establishes the San Diego River Conservancy to acquire and direct the management of specified public lands in the San Diego River area, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law establishes the San Diego River Conservancy Fund, and requires that moneys in the fund be available, upon appropriation, for the purposes of the conservancy.This bill would require the conservancy to establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, and to improve access to public lands. The bill would require the conservancy, in administering the program, to create 3 advisory panels representing watersheds within the area, comprised of specified members, to offer advice, expertise, support, and service to the conservancy in those respective watershed areas. The bill would create the San Diego Rivers Watershed Consortium Program Account in the fund, and would authorize the conservancy, upon appropriation, to expend moneys from the account for purposes of the program.Existing law, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, requires the conservancy to prepare and submit to the Governor and the Legislature a report that includes specified information and recommendations relating to projects funded or undertaken by the conservancy, as provided.This bill would additionally require that the report include a summary of the program established by the bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 28, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly July 02, 2018 Amended IN Senate April 17, 2018
6+
7+Enrolled September 04, 2018
8+Passed IN Senate August 29, 2018
9+Passed IN Assembly August 28, 2018
10+Amended IN Assembly August 23, 2018
11+Amended IN Assembly July 02, 2018
12+Amended IN Senate April 17, 2018
13+
14+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
415
516 Senate Bill No. 1367
6-CHAPTER 738
17+
18+Introduced by Senator Atkins(Coauthor: Senator Hueso)(Coauthors: Assembly Members Gloria and Gonzalez Fletcher)February 16, 2018
19+
20+Introduced by Senator Atkins(Coauthor: Senator Hueso)(Coauthors: Assembly Members Gloria and Gonzalez Fletcher)
21+February 16, 2018
722
823 An act to amend Sections 32642, 32643, and 32656.1 of, and to add Chapter 4.5 (commencing with Section 32659) to Division 22.9 of the Public Resources Code, relating to the San Diego River Conservancy.
9-
10- [ Approved by Governor September 23, 2018. Filed with Secretary of State September 23, 2018. ]
1124
1225 LEGISLATIVE COUNSEL'S DIGEST
1326
1427 ## LEGISLATIVE COUNSEL'S DIGEST
1528
1629 SB 1367, Atkins. San Diego River Conservancy: San Diego Rivers Watershed Consortium Program.
1730
1831 Existing law establishes the San Diego River Conservancy to acquire and direct the management of specified public lands in the San Diego River area, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law establishes the San Diego River Conservancy Fund, and requires that moneys in the fund be available, upon appropriation, for the purposes of the conservancy.This bill would require the conservancy to establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, and to improve access to public lands. The bill would require the conservancy, in administering the program, to create 3 advisory panels representing watersheds within the area, comprised of specified members, to offer advice, expertise, support, and service to the conservancy in those respective watershed areas. The bill would create the San Diego Rivers Watershed Consortium Program Account in the fund, and would authorize the conservancy, upon appropriation, to expend moneys from the account for purposes of the program.Existing law, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, requires the conservancy to prepare and submit to the Governor and the Legislature a report that includes specified information and recommendations relating to projects funded or undertaken by the conservancy, as provided.This bill would additionally require that the report include a summary of the program established by the bill.
1932
2033 Existing law establishes the San Diego River Conservancy to acquire and direct the management of specified public lands in the San Diego River area, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law establishes the San Diego River Conservancy Fund, and requires that moneys in the fund be available, upon appropriation, for the purposes of the conservancy.
2134
2235 This bill would require the conservancy to establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, and to improve access to public lands. The bill would require the conservancy, in administering the program, to create 3 advisory panels representing watersheds within the area, comprised of specified members, to offer advice, expertise, support, and service to the conservancy in those respective watershed areas. The bill would create the San Diego Rivers Watershed Consortium Program Account in the fund, and would authorize the conservancy, upon appropriation, to expend moneys from the account for purposes of the program.
2336
2437 Existing law, on or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, requires the conservancy to prepare and submit to the Governor and the Legislature a report that includes specified information and recommendations relating to projects funded or undertaken by the conservancy, as provided.
2538
2639 This bill would additionally require that the report include a summary of the program established by the bill.
2740
2841 ## Digest Key
2942
3043 ## Bill Text
3144
3245 The people of the State of California do enact as follows:SECTION 1. Section 32642 of the Public Resources Code is amended to read:32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.SEC. 2. Section 32643 of the Public Resources Code is amended to read:32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.SEC. 3. Section 32656.1 of the Public Resources Code is amended to read:32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.SEC. 4. Chapter 4.5 (commencing with Section 32659) is added to Division 22.9 of the Public Resources Code, to read: CHAPTER 4.5. San Diego Rivers Watershed Consortium32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy. 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
3346
3447 The people of the State of California do enact as follows:
3548
3649 ## The people of the State of California do enact as follows:
3750
3851 SECTION 1. Section 32642 of the Public Resources Code is amended to read:32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.
3952
4053 SECTION 1. Section 32642 of the Public Resources Code is amended to read:
4154
4255 ### SECTION 1.
4356
4457 32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.
4558
4659 32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.
4760
4861 32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:(a) Establish advisory boards, panels, or committees.(b) Engage in public outreach.
4962
5063
5164
5265 32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:
5366
5467 (a) Establish advisory boards, panels, or committees.
5568
5669 (b) Engage in public outreach.
5770
5871 SEC. 2. Section 32643 of the Public Resources Code is amended to read:32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
5972
6073 SEC. 2. Section 32643 of the Public Resources Code is amended to read:
6174
6275 ### SEC. 2.
6376
6477 32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
6578
6679 32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
6780
6881 32643. The conservancy may do any of the following to provide necessary services:(a) Select and hire private consultants or contractors.(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
6982
7083
7184
7285 32643. The conservancy may do any of the following to provide necessary services:
7386
7487 (a) Select and hire private consultants or contractors.
7588
7689 (b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.
7790
7891 (c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
7992
8093 SEC. 3. Section 32656.1 of the Public Resources Code is amended to read:32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.
8194
8295 SEC. 3. Section 32656.1 of the Public Resources Code is amended to read:
8396
8497 ### SEC. 3.
8598
8699 32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.
87100
88101 32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.
89102
90103 32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.
91104
92105
93106
94107 32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:
95108
96109 (1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.
97110
98111 (2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.
99112
100113 (3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.
101114
102115 (4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).
103116
104117 (b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.
105118
106119 SEC. 4. Chapter 4.5 (commencing with Section 32659) is added to Division 22.9 of the Public Resources Code, to read: CHAPTER 4.5. San Diego Rivers Watershed Consortium32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy. 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
107120
108121 SEC. 4. Chapter 4.5 (commencing with Section 32659) is added to Division 22.9 of the Public Resources Code, to read:
109122
110123 ### SEC. 4.
111124
112125 CHAPTER 4.5. San Diego Rivers Watershed Consortium32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy. 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
113126
114127 CHAPTER 4.5. San Diego Rivers Watershed Consortium32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy. 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
115128
116129 CHAPTER 4.5. San Diego Rivers Watershed Consortium
117130
118131 CHAPTER 4.5. San Diego Rivers Watershed Consortium
119132
120133 32659. The Legislature finds and declares all of the following:(a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.(b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.(c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.(d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.(f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.(g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy.
121134
122135
123136
124137 32659. The Legislature finds and declares all of the following:
125138
126139 (a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County.
127140
128141 (b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050.
129142
130143 (c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands.
131144
132145 (d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds.
133146
134147 (e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watersheds ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education.
135148
136149 (f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego.
137150
138151 (g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the regions globally unique and diverse plants and wildlife for future generations to enjoy.
139152
140153 32659.1. The following terms have the following meanings:(a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.(b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.(c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.
141154
142155
143156
144157 32659.1. The following terms have the following meanings:
145158
146159 (a) Account means the San Diego Rivers Watershed Consortium Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.
147160
148161 (b) Consortium watershed area means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean.
149162
150163 (c) Program means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.
151164
152165 32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.
153166
154167
155168
156169 32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands.
157170
158171 32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:(1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.(3) Each member of an advisory panel shall serve for a two-year term.(4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.(6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.(c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.
159172
160173
161174
162175 32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements:
163176
164177 (1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located.
165178
166179 (2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.
167180
168181 (3) Each member of an advisory panel shall serve for a two-year term.
169182
170183 (4) A members service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization.
171184
172185 (5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.
173186
174187 (6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
175188
176189 (b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas.
177190
178191 (c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancys report to the governing board.
179192
180193 32659.4. The conservancy shall establish the following advisory panels:(a) The Otay River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of Chula Vista, appointed by its city council.(3) A representative of the City of Imperial Beach, appointed by its city council.(4) A representative of the City of National City, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(7) A representative of the San Diego Regional Water Quality Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member or his or her designee.(2) A representative of the City of La Mesa, appointed by its city council.(3) A representative of the City of Lemon Grove, appointed by its city council.(4) A representative of the City of Chula Vista, appointed by its city council.(5) A representative of the City of San Diego, appointed by its city council.(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.(12) A representative of the City of National City, appointed by its city council.(13) A representative of the Sweetwater Authority, appointed by the authority.(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:(1) A conservancy board member, or his or her designee.(2) A representative of the City of Imperial Beach, appointed by its city council.(3) A representative of the City of San Diego, appointed by its city council.(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.(7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.
181194
182195
183196
184197 32659.4. The conservancy shall establish the following advisory panels:
185198
186199 (a) The Otay River Watershed Advisory Panel, comprised of the following members:
187200
188201 (1) A conservancy board member or his or her designee.
189202
190203 (2) A representative of the City of Chula Vista, appointed by its city council.
191204
192205 (3) A representative of the City of Imperial Beach, appointed by its city council.
193206
194207 (4) A representative of the City of National City, appointed by its city council.
195208
196209 (5) A representative of the City of San Diego, appointed by its city council.
197210
198211 (6) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.
199212
200213 (7) A representative of the San Diego Regional Water Quality Board, appointed by that board.
201214
202215 (8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.
203216
204217 (9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.
205218
206219 (10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.
207220
208221 (11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.
209222
210223 (b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:
211224
212225 (1) A conservancy board member or his or her designee.
213226
214227 (2) A representative of the City of La Mesa, appointed by its city council.
215228
216229 (3) A representative of the City of Lemon Grove, appointed by its city council.
217230
218231 (4) A representative of the City of Chula Vista, appointed by its city council.
219232
220233 (5) A representative of the City of San Diego, appointed by its city council.
221234
222235 (6) A representative of the County of San Diego, appointed by the Board of Supervisors of the San Diego County.
223236
224237 (7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.
225238
226239 (8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.
227240
228241 (9) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by the governing board of that conservancy.
229242
230243 (10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.
231244
232245 (11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.
233246
234247 (12) A representative of the City of National City, appointed by its city council.
235248
236249 (13) A representative of the Sweetwater Authority, appointed by the authority.
237250
238251 (c) The Tijuana River Watershed Advisory Panel, comprised of the following members:
239252
240253 (1) A conservancy board member, or his or her designee.
241254
242255 (2) A representative of the City of Imperial Beach, appointed by its city council.
243256
244257 (3) A representative of the City of San Diego, appointed by its city council.
245258
246259 (4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.
247260
248261 (5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.
249262
250263 (6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.
251264
252265 (7) A representative of the Kumeyaay Diegueo Land Conservancy, appointed by that conservancy.
253266
254267 (8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.
255268
256269 (9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.
257270
258271 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:(a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.(b) A summary of the policies and priorities for each river watershed.(c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.(d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed.
259272
260273
261274
262275 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:
263276
264277 (a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed.
265278
266279 (b) A summary of the policies and priorities for each river watershed.
267280
268281 (c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas.
269282
270283 (d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed.
271284
272285 32659.6. The conservancy may do all of the following in implementing the program:(a) Undertake site improvement projects within the consortium watershed area.(b) Provide for public access within the consortium watershed area.(c) Provide for restoration and rehabilitation within the consortium watershed area.(d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.(e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.(f) Provide assistance to each advisory panel established pursuant to this chapter.
273286
274287
275288
276289 32659.6. The conservancy may do all of the following in implementing the program:
277290
278291 (a) Undertake site improvement projects within the consortium watershed area.
279292
280293 (b) Provide for public access within the consortium watershed area.
281294
282295 (c) Provide for restoration and rehabilitation within the consortium watershed area.
283296
284297 (d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program.
285298
286299 (e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area.
287300
288301 (f) Provide assistance to each advisory panel established pursuant to this chapter.
289302
290303 32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:(a) Exercise the power of eminent domain.(b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.(c) Levy a tax.(d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.
291304
292305
293306
294307 32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions:
295308
296309 (a) Exercise the power of eminent domain.
297310
298311 (b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.
299312
300313 (c) Levy a tax.
301314
302315 (d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans.
303316
304317 32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.(b) (1) All funds received pursuant to this chapter shall be deposited in the account.(2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.(3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.
305318
306319
307320
308321 32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter.
309322
310323 (b) (1) All funds received pursuant to this chapter shall be deposited in the account.
311324
312325 (2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program.
313326
314327 (3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes.
315328
316329 32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.
317330
318331
319332
320333 32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the programs operations, and to carry out the programs intent and purpose.