Section § 32659

Explanation

The state of California is launching the San Diego Rivers Watershed Consortium Program to create advisory panels for important rivers in southern San Diego, focusing on their conservation and restoration. Given the fast-growing population in the San Diego region, the program aims to improve public access to green spaces, especially in areas lacking such access.

The Otay River, Sweetwater River, and Tijuana River watersheds are seen as critical natural resources needing protection from further development and damage. The program will bring together various stakeholders to collaborate on efforts to conserve and enhance these ecosystems for both ecological and public benefits, such as recreation and education.

The state is committed to joining forces with local organizations to safeguard and restore the environment, culture, and wildlife of these watersheds, ensuring they remain accessible and beneficial for future generations.

The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 32659(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)CA Public Resources Code § 32659(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)CA Public Resources Code § 32659(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)CA Public Resources Code § 32659(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)CA Public Resources Code § 32659(e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watershed’s 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)CA Public Resources Code § 32659(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)CA Public Resources Code § 32659(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 region’s globally unique and diverse plants and wildlife for future generations to enjoy.

Section § 32659.1

Explanation

This section defines key terms for the San Diego Rivers Watershed Consortium Program. It specifies that the 'Account' is the financial account for the program, called the San Diego Rivers Watershed Consortium Program Account. The 'Consortium watershed area' includes lands within the watersheds of the Otay River, the Sweetwater River, and specific parts of the Tijuana River, stretching from their starting points to the Pacific Ocean. Finally, the 'Program' refers to the San Diego Rivers Watershed Consortium Program itself.

The following terms have the following meanings:
(a)CA Public Resources Code § 32659.1(a) “Account” means the San Diego Rivers Watershed Consortium Program Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8.
(b)CA Public Resources Code § 32659.1(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)CA Public Resources Code § 32659.1(c) “Program” means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter.

Section § 32659.2

Explanation

This law requires the conservancy to set up the San Diego Rivers Watershed Consortium Program. The program will create advisory panels that will work with local agencies and other groups to find funding. The money will be used to restore the watershed area and make public lands more accessible to everyone.

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.

Section § 32659.3

Explanation

This law mandates that a conservancy must set up advisory panels for each watershed to provide advice and support without pay. These panels are composed of unpaid volunteers from local watershed organizations who serve two-year terms, ending if they leave their representing organization. The panels must meet at least twice a year in San Diego County, with meetings open to the public per open meeting laws. The conservancy must obey local laws when appointing panel members and managing their work. An annual report on these meetings should be prepared and included in the conservancy's executive officer's report to the governing board.

(a)CA Public Resources Code § 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)CA Public Resources Code § 32659.3(a)(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)CA Public Resources Code § 32659.3(a)(2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy.
(3)CA Public Resources Code § 32659.3(a)(3) Each member of an advisory panel shall serve for a two-year term.
(4)CA Public Resources Code § 32659.3(a)(4) A member’s 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)CA Public Resources Code § 32659.3(a)(5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego.
(6)CA Public Resources Code § 32659.3(a)(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)CA Public Resources Code § 32659.3(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)CA Public Resources Code § 32659.3(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 conservancy’s report to the governing board.

Section § 32659.4

Explanation

This law requires the creation of three advisory panels focused on different watershed areas in San Diego. Each panel consists of representatives from local cities, the County of San Diego, regional water quality boards, parks departments, educational institutions, and other relevant local entities.

The Otay River, Sweetwater River, and Tijuana River Watershed Advisory Panels are each composed of specific members. These include local city representatives, county board members, university appointees, and more, as outlined in detail for each panel.

The conservancy shall establish the following advisory panels:
(a)CA Public Resources Code § 32659.4(a) The Otay River Watershed Advisory Panel, comprised of the following members:
(1)CA Public Resources Code § 32659.4(a)(1) A conservancy board member or the member’s designee.
(2)CA Public Resources Code § 32659.4(a)(2) A representative of the City of Chula Vista, appointed by its city council.
(3)CA Public Resources Code § 32659.4(a)(3) A representative of the City of Imperial Beach, appointed by its city council.
(4)CA Public Resources Code § 32659.4(a)(4) A representative of the City of National City, appointed by its city council.
(5)CA Public Resources Code § 32659.4(a)(5) A representative of the City of San Diego, appointed by its city council.
(6)CA Public Resources Code § 32659.4(a)(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the County of San Diego.
(7)CA Public Resources Code § 32659.4(a)(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.
(8)CA Public Resources Code § 32659.4(a)(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.
(9)CA Public Resources Code § 32659.4(a)(9) A representative of the Kumeyaay Diegueño Land Conservancy, appointed by that conservancy.
(10)CA Public Resources Code § 32659.4(a)(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.
(11)CA Public Resources Code § 32659.4(a)(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.
(b)CA Public Resources Code § 32659.4(b) The Sweetwater River Watershed Advisory Panel, comprised of the following members:
(1)CA Public Resources Code § 32659.4(b)(1) A conservancy board member or the member’s designee.
(2)CA Public Resources Code § 32659.4(b)(2) A representative of the City of La Mesa, appointed by its city council.
(3)CA Public Resources Code § 32659.4(b)(3) A representative of the City of Lemon Grove, appointed by its city council.
(4)CA Public Resources Code § 32659.4(b)(4) A representative of the City of Chula Vista, appointed by its city council.
(5)CA Public Resources Code § 32659.4(b)(5) A representative of the City of San Diego, appointed by its city council.
(6)CA Public Resources Code § 32659.4(b)(6) A representative of the County of San Diego, appointed by the Board of Supervisors of the County of San Diego.
(7)CA Public Resources Code § 32659.4(b)(7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.
(8)CA Public Resources Code § 32659.4(b)(8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.
(9)CA Public Resources Code § 32659.4(b)(9) A representative of the Kumeyaay Diegueño Land Conservancy, appointed by the governing board of that conservancy.
(10)CA Public Resources Code § 32659.4(b)(10) A representative of a university or college in the San Diego area, appointed by the president of the university or college.
(11)CA Public Resources Code § 32659.4(b)(11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.
(12)CA Public Resources Code § 32659.4(b)(12) A representative of the City of National City, appointed by its city council.
(13)CA Public Resources Code § 32659.4(b)(13) A representative of the Sweetwater Authority, appointed by the authority.
(c)CA Public Resources Code § 32659.4(c) The Tijuana River Watershed Advisory Panel, comprised of the following members:
(1)CA Public Resources Code § 32659.4(c)(1) A conservancy board member, or the member’s designee.
(2)CA Public Resources Code § 32659.4(c)(2) A representative of the City of Imperial Beach, appointed by its city council.
(3)CA Public Resources Code § 32659.4(c)(3) A representative of the City of San Diego, appointed by its city council.
(4)CA Public Resources Code § 32659.4(c)(4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County.
(5)CA Public Resources Code § 32659.4(c)(5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board.
(6)CA Public Resources Code § 32659.4(c)(6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation.
(7)CA Public Resources Code § 32659.4(c)(7) A representative of the Kumeyaay Diegueño Land Conservancy, appointed by that conservancy.
(8)CA Public Resources Code § 32659.4(c)(8) A representative of a university or college in the San Diego area, appointed by the president of the university or college.
(9)CA Public Resources Code § 32659.4(c)(9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district.

Section § 32659.5

Explanation

This law requires advisory panels to create strategic plans for river watersheds. These plans must prioritize projects that protect and enhance natural, cultural, and recreational resources. They should also summarize policies and priorities for each watershed.

The plans need to identify underused public spaces like trails and suggest ways to improve public access and enjoyment. Lastly, the plans should align with local and regional planning and zoning regulations.

The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following:
(a)CA Public Resources Code § 32659.5(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)CA Public Resources Code § 32659.5(b) A summary of the policies and priorities for each river watershed.
(c)CA Public Resources Code § 32659.5(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)CA Public Resources Code § 32659.5(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.

Section § 32659.6

Explanation

This law allows the conservancy to carry out various activities to implement a program within a specific watershed area. They can improve sites, provide public access, restore natural areas, and undertake projects themselves or give grants to others like public agencies and tribes. They can also upgrade or build new facilities for outdoor activities and education. Lastly, they can support advisory panels related to this program.

The conservancy may do all of the following in implementing the program:
(a)CA Public Resources Code § 32659.6(a) Undertake site improvement projects within the consortium watershed area.
(b)CA Public Resources Code § 32659.6(b) Provide for public access within the consortium watershed area.
(c)CA Public Resources Code § 32659.6(c) Provide for restoration and rehabilitation within the consortium watershed area.
(d)CA Public Resources Code § 32659.6(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)CA Public Resources Code § 32659.6(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)CA Public Resources Code § 32659.6(f) Provide assistance to each advisory panel established pursuant to this chapter.

Section § 32659.7

Explanation

This law states that the conservancy is restricted from certain actions regardless of other laws. It cannot use eminent domain to take property, manage or regulate land that another public agency owns without a specific written agreement, impose taxes, or interfere with local or community plans.

Notwithstanding any other law, the conservancy shall not take any of the following actions:
(a)CA Public Resources Code § 32659.7(a) Exercise the power of eminent domain.
(b)CA Public Resources Code § 32659.7(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)CA Public Resources Code § 32659.7(c) Levy a tax.
(d)CA Public Resources Code § 32659.7(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.

Section § 32659.8

Explanation

This law establishes the San Diego Rivers Watershed Consortium Program Account as a part of the San Diego River Conservancy Fund. The money in this account can only be used by the conservancy after being approved by the Legislature, and it will earn interest over time.

All funds linked to this chapter must go into this account, and the conservancy is allowed to look for extra funding through grants, donations, and other types of financial support from both public and private sources. Additionally, the conservancy can receive goods or services donated by various entities and use them to support the program's goals.

(a)CA Public Resources Code § 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)Copy CA Public Resources Code § 32659.8(b)
(1)Copy CA Public Resources Code § 32659.8(b)(1) All funds received pursuant to this chapter shall be deposited in the account.
(2)CA Public Resources Code § 32659.8(b)(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)CA Public Resources Code § 32659.8(b)(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.

Section § 32659.9

Explanation

This law states that the conservancy is responsible for managing the funds given to it for a specific program. It can use this money for things like grants, purchasing goods and services, removing invasive species, making capital improvements, supporting the program's operations, and fulfilling the program's goals.

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 program’s operations, and to carry out the program’s intent and purpose.