AMENDED IN ASSEMBLY MARCH 13, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Assembly Member Valencia
February 21, 2025
An act to amend Section 31178 Sections 31172 and 31175 of the Public Resources Code, relating to coastal resources.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes the Santa Ana River Conservancy Program to be administered by the State Coastal Conservancy. Existing law requires the conservancy, for purposes of carrying out the program, to use the services of the California Conservation Corps and Community Conservation Corps, as provided. Existing law authorizes the conservancy to, among other things, undertake or fund projects for several purposes, including to implement site improvements, upgrade deteriorating facilities or construct new facilities for outdoor recreation, public access, nature appreciation and interpretation, and historic and cultural preservation.
This bill would require at least 60% of the funds allocated to fund or undertake the above-described projects to be for projects in heavily urbanized areas, as defined, of the lower Santa Ana River region, as defined, to benefit disadvantaged communities, severely disadvantaged communities, or vulnerable populations. The bill would define various terms for this purpose.
The people of the State of California do enact as follows:
SECTION 1.
Section 31172 of the Public Resources Code is amended to read:
31172.
For purposes of this chapter, the following terms have the following meanings:
(a) “Disadvantaged community” means a community with a median household income of less than 80 percent of the area average or less than 80 percent of statewide median household income.
(b) “Heavily urbanized area” means a city with a population of 300,000 or more.
(c) “Lower Santa Ana River region” means those lands west of the Santa Ana Mountains that are located within one-half mile on either side of the riverbed of the Santa Ana River, or any of its tributaries, and adjacent watersheds and lands as described in paragraph (2) of subdivision (a) of Section 31175 that are west of the Santa Ana Mountains.
(d) “Program” means the Santa Ana River Conservancy Program.
(e) “Program lands” means interests in real property acquired, managed, or subject to a project under this chapter.
(f) “Santa Ana River region” means those lands that are located within one-half mile on either side of the riverbed of the Santa Ana River, or any of its tributaries, from its headwaters near the San Gorgonio Wilderness Area to the Pacific Ocean at the Santa Ana River Mouth Beach in Huntington Beach and adjacent watersheds and lands as described in paragraph (2) of subdivision (a) of Section 31175.
(g) “Severely disadvantaged community” means a community with a median household income of less than 60 percent of the area average or less than 60 percent of statewide median household income.
(h) “Vulnerable population” means a subgroup of population within a region or community that faces a disproportionately heightened risk or increased sensitivity to impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from such impacts.
SEC. 2.
Section 31175 of the Public Resources Code is amended to read:
31175.
In carrying out the purposes of this chapter, and without limiting the express or implied powers of the conservancy in implementing other provisions of this division, the conservancy shall have, and may exercise, all necessary rights and powers, expressed or implied, except as otherwise provided in this chapter. Without limitation, the conservancy may do all of the following:
(a) (1) Acquire interests and options in real property and make acquisition grants for these purposes.
(2) With respect to real property acquisitions by the conservancy of watersheds and lands that are within the Santa Ana River region but not within one-half mile on either side of the riverbed of the Santa Ana River, the conservancy shall provide to the city or county with geographic jurisdiction over the affected real property 30 days’ written notice of the conservancy’s intent, unless the city or county agrees to accept less notice in a given case.
(b) Exercise a right of first refusal, to the extent not in conflict with another law, for surplus public agency property located within the Santa Ana River region, consistent with the Santa Ana River Parkway and Open Space Plan, adopted pursuant to subdivision (b) of Section 31174.
(c) Lease, rent, sell, exchange, or transfer interests in real property.
(d) (1) Undertake or fund projects to implement site improvements, upgrade deteriorating facilities or construct new facilities for outdoor recreation, public access, nature appreciation and interpretation; historic and cultural preservation; or protection, restoration, or enhancement of natural resources and habitat.
(2) If the conservancy intends to undertake a project directly, the conservancy shall provide 30 days’ written notice to the city or county with geographic jurisdiction over the affected real property, unless the city or county agrees to accept less notice in a given case.
(3) At least 60 percent of the funds allocated to undertake or fund projects pursuant to paragraph (1) of subdivision (d) shall be for projects in heavily urbanized areas of the lower Santa Ana River region to benefit disadvantaged communities, severely disadvantaged communities, or vulnerable populations.
(e) Provide for the management of program lands.
(f) Fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. The amount of the fees shall not exceed the reasonable cost of maintaining and operating the land or providing the services rendered by the conservancy.
(g) The conservancy may apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, and other assistance from public and private sources. These funds shall be deposited in the Santa Ana River Conservancy Program Account, as specified in Section 31179, for use in furthering the program.
(h) Recruit and coordinate volunteers and experts to conduct interpretive and recreational programs, and assist with construction projects and the maintenance of facilities.
(i) Enter into contracts and joint powers agreements.
(j) Sue and be sued.
Section 31178 of the Public Resources Code is amended to read:
31178.
To the extent feasible, in carrying out the purposes of this chapter, the conservancy shall use the services of the California Conservation Corps and Community Conservation Corps, as defined in Section 14507.5.