Bill Text

PDF |Add To My Favorites |Track Bill | print page

SB-714 State Coastal Conservancy: West Coyote Hills Conservancy Program.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/19/2017 02:00 PM
SB714:v97#DOCUMENT

Amended  IN  Senate  June 19, 2017
Amended  IN  Senate  May 08, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 714


Introduced by Senator Newman

February 17, 2017


An act to add and repeal Chapter 4.7 (commencing with Section 31190) to of Division 21 of the Public Resources Code, relating to natural resources conservancy, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 714, as amended, Newman. State Coastal Conservancy: West Coyote Hills Conservancy Program.
(1) Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with regard to the protection, preservation, restoration, and enhancement of specified coastal lands. Existing law establishes the State Coastal Conservancy Coastal Trust Fund for the deposit of any funds received by the conservancy to be used for the purposes of the conservancy, to receive and disburse funds paid to the conservancy in trust for specified coastal purposes, and requires that the conservancy and the Controller establish establishes separate accounts in the fund for the purpose of separating deposits into the fund according to their origin.
This bill would would, until January 1, 2028, establish the West Coyote Hills Conservancy Program, to be administered by the conservancy and to undertake projects and award grants in the West Coyote Hills area, as described, for purposes relating to improvement of public access, and the protection, restoration, and enhancement of natural resources in the area. The bill would prescribe the duties of the conservancy with regard to the implementation and administration of the program. The bill would create the West Coyote Hills Conservancy Program Account within the fund, for the purpose of depositing and disbursing funds, upon appropriation by the Legislature, for program purposes.
(2) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 4.7 (commencing with Section 31190) is added to Division 21 of the Public Resources Code, to read:
CHAPTER  4.7. West Coyote Hills Conservancy Program

31190.
 The West Coyote Hills Conservancy Program is hereby established, to be administered by the conservancy, to address the natural resource and recreational goals of the West Coyote Hills area in a coordinated, comprehensive, and effective way.

31191.
 The Legislature hereby finds and declares both of the following:
(a) The local governments and regions that bound the West Coyote Hills in Orange County constitute a region with unique natural resource and outdoor recreational needs.
(b) The West Coyote Hills are a central feature in an interconnected open-space system of southern California watersheds, natural habitats, scenic areas, agricultural lands, and regional trails.

31192.
 For purposes of this chapter, the following definitions apply:
(a) “Program” means the West Coyote Hills Conservancy Program.
(b) “West Coyote Hills area” means the area surrounding the West Coyote Hills that is bounded by the Cities of La Habra, Buena Park, La Mirada, and Fullerton in the County of Orange.

31193.
 The conservancy may undertake projects and award grants in the West Coyote Hills area for the purpose of meeting the following objectives:
(a) To improve public access to, within, and around hills, ridgetops, and urban open spaces, consistent with the rights of private property owners, and without having a significant adverse impact on agricultural operations and environmentally sensitive areas.
(b) To protect, restore, and enhance natural habitats and connecting corridors, watersheds, scenic areas, and other open-space resources of regional importance.
(c) To promote, assist, and enhance projects that provide open space and natural areas that are accessible to urban populations for recreational and educational purposes.

31194.
 (a) The conservancy may acquire land through eminent domain subject to applicable conditions for just compensation established under the California and United States Constitutions and other relevant statutes.
(b) Any land acquisition completed pursuant to subdivision (a) shall comply with all relevant laws governing the appraisal and purchase of land by public agencies at fair market value, the clean up of contaminated property, and the preparation of environmental studies and analyses.

31195.
 (a) The conservancy shall utilize the criteria specified in this subdivision to develop project priorities for the program that will to provide for development and acquisition projects, urban and rural projects, and open-space and outdoor recreational projects. The conservancy shall give priority to projects that, to the greatest extent, extent feasible, meet the following criteria:
(1) Are supported by adopted local or regional plans.
(2) Are multijurisdictional or serve a regional constituency.
(3) Can be implemented in a timely way.

(4)Provide opportunities for benefits that could be lost if the project is not quickly implemented.

(5)

(4) Include matching funds from other sources of funding or assistance.
(b) (1) The conservancy shall be the lead agency with respect to the funding and development of projects within the program.
(2) The conservancy shall prepare a plan for purposes of this chapter, undertake projects, and award grants that are consistent with any its plan adopted covering the West Coyote Hills area.
(3) To advance the preparation of the plan, the conservancy shall collaborate with members of the public, local and regional public agencies, nonprofit land management organizations, and other interested parties.
(4) In developing and undertaking projects to implement the plan, areas for which access is to be managed or prohibited shall be determined in consultation the conservancy shall consult with the public and with relevant federal, state, and local agencies, and through comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)), where applicable.
(5) Upon the completion of the plan, the conservancy shall consider the plan’s adoption and inclusion of the appropriate elements of the plan in any plan adopted by the conservancy covering the West Coyote Hills area.

31196.
 (a) The West Coyote Hills Conservancy Program Account is hereby created in the State Coastal Conservancy Fund, Coastal Trust Fund, established pursuant to subdivision (a) of Section 31012, for the purpose of depositing and disbursing funds, upon appropriation by the Legislature, for the administration and implementation of the West Coyote Hills Conservancy Program. All funds that are appropriated by the Legislature for the purposes of this chapter, and all reimbursements, proceeds of sale, or other moneys received by the conservancy for the purposes of this chapter and derived from projects funded from this account shall be deposited in this account. Interest on funds in this account shall accrue to the General Fund. The conservancy shall account for all deposits and reimbursements of funds in this account.
(b) Funds that are derived from other sources, exclusive of state or federal funds, for the purposes of this chapter, including, but not limited to, private donations, fees, penalties, and local government contributions, shall be deposited in the West Coyote Hills Conservancy Program Account, which is hereby established in the Coastal Trust Fund established pursuant to subdivision (a) of Section 31012, Fund, and shall be available, upon appropriation by the Legislature, for the administration and implementation of the program.

31197.
 In order to benefit the West Coyote Hills area, the conservancy may undertake projects and award grants for activities that are compatible with the preservation, restoration, or enhancement of natural resources, or that facilitate environmental education related to these resources. These projects or activities may include, but are not limited to, exhibits or events emphasizing natural resource and wildlife education, local history, or the development of amenities and infrastructure consistent with this chapter.

31198.
 The conservancy shall, by December 31, 2026, arrange for the transition and transfer of its responsibilities for the development and implementation of projects within the program to local and regional public agencies and nonprofit land management organizations.

31199.
 This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order that statutory changes necessary to authorize the State Coastal Conservancy to establish and implement the West Coyote Hills Conservancy Program are enacted at the earliest possible time, it is necessary that this act take effect immediately.