Amended in Assembly April 26, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1716

Introduced by Assembly Members McCarty and Cooley

(Coauthor: Senator Pan)

January 27, 2016

An act to add Division 22.2 (commencing with Section 32280) to the Public Resources Code, relating to the Lower American River Conservancy.


AB 1716, as amended, McCarty. Lower American River Conservancy.

Existing law establishes various conservancies in the Natural Resources Agency to acquire, manage, direct the management of, and conserve public lands in the state.

This bill wouldbegin delete establish in the Natural Resources Agencyend deletebegin insert createend insert the Lower American River Conservancybegin insert in the Natural Resources Agencyend insert to receive and expend proceeds from bonds or other appropriations for the benefit of the American River Parkway, as defined. The bill would create the Lower American River Conservancy Fund in the State Treasury, and would specify that moneys in the fund shall be available, upon appropriation, for the purposes of the conservancy.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1


Division 22.2 (commencing with Section 32280)
2is added to the Public Resources Code, to read:


4Division 22.2.  Lower American River





This division shall be known, and may be cited, as the
8Lower American River Conservancy Act.



The Legislature finds and declares all of the following:

10(a) The lower American River is one of California’s most
11important natural environments, providing recreational,
12environmental, and educational opportunities to more than
138,000,000 visitors each year. It also serves as a unique urban
14greenbelt composed of more than 5,000 acres and lying
15immediately adjacentbegin delete to, and within,end deletebegin insert to and withinend insert two incorporated
16cities and the unincorporated County of Sacramento.

17(b) The American River Parkway includes natural and
18recreational resources of statewide interest and is often referred
19to as “the jewel” of the Sacramento region, and it is managed as
20such with an intent to fulfill the vision set forth through past
21 collaborative efforts involving advocates and stakeholders, the
22County of Sacramento, and the Legislature.

23(c) The American River Parkway was established by the County
24of Sacramento, with financial support from the state and other
25public and private entities.

26(d) Since establishing it, the County of Sacramento has
27continued to own, manage, operate, and patrol the American River
28Parkway’s lands and resources.

29(e) The American River Parkway provides additional benefits
30to the state and the Sacramento region including flood control,
31water supply, water quality, habitat for anadromous fisheries,
32including salmon and steelhead,begin insert andend insert habitat for migratory
33waterfowl and otherbegin delete wildlife, and others.end deletebegin insert wildlife.end insert

34(f) The Legislature recognized the statewide importance of the
35 American River Parkway in enacting the Urban American River
36Parkway Preservation Act (Chapter 10 (commencing with Section
375840) of Division 5), which culminated with the adoption of the
38American River Parkway Plan.

P3    1(g) The state has an interest in assisting local agencies in
2expanding, enhancing, and restoring the natural, recreational, and
3educational resourcesbegin delete in, and adjacent to,end deletebegin insert in and adjacent toend insert the
4American River Parkway.

5(h) The establishment of the Lower American River
6Conservancy can provide a state partner to work cooperatively
7with local agencies, particularly the County of Sacramento, and
8nonprofit organizations to help fund projects and provide grants
9to restore, enhance, interpret, protect, and increase public access
10to the American River Parkway’s natural, recreational, educational,
11and cultural resources.



For purposes of this division, the following terms
13have the following meanings:

14(a) “American River Parkway” means the area described in the
15American River Parkway Plan.

16(b) “American River Parkway Plan” has the same meaning as
17in subdivision (a) of Section 5841.

18(c) “Conservancy” means the Lower American River
19Conservancy established by this division.

20(d) “Governing board” means the governing board of the

22(e) “Nonprofit organization” meansbegin delete anyend deletebegin insert aend insert private, nonprofit
23organization, with nonprofit status acknowledged by the United
24States Internal Revenue Service, that qualifies under Section
25501(c)(3) of thebegin delete United Statesend delete Internal Revenue Code, as amended,
26and that has among its principal charitable purposes the
27preservation, restoration, or interpretation of land for scientific,
28historic, educational, recreational, scenic, or open-space purposes,
29the protection of the natural environment or biological resources,
30or both, or the preservation or enhancement of wildlife, or both.



(a) begin deleteThere is in the Natural Resources Agency the end deletebegin insertThe end insert
32Lower American Riverbegin delete Conservancy, which is created for the
33purpose of receiving and expendingend delete
begin insert Conservancy is hereby created
34in the Natural Resources Agency to receive and expendend insert
35from bonds or other appropriations made in the annual Budget Act
36or otherbegin delete statutes,end deletebegin insert statutesend insert for the benefit of the American River

38(b) To the extent permissible under this division, the
39conservancy shall prioritize expendingbegin delete funds for purposes of
40developing and implementing a Natural Resource Management
P4    1Plan and improvingend delete
begin insert moneys to develop and implement a natural
2resource management plan and to improveend insert
access to and protection
3of the American River Parkway.



(a) The governing board shall consist of the following

6(1) Three members of the Board of Supervisors of the County
7of Sacramento, selected by a majority vote of thebegin delete Board of
8Supervisors.end delete
begin insert board of supervisors.end insert

9(2) Two representatives of the City of Sacramento, which may
10include the Mayor and one member of the City Council of the City
11of Sacramento, or two members of thebegin delete City Council,end deletebegin insert city council,end insert
12 selected by a majority vote of thebegin delete City Council.end deletebegin insert city council.end insert

13(3) The Mayor or a member of the City Council of the City of
14Rancho Cordova, selected by a majority vote of the begin delete City Council.end delete
begin insert city council.end insert

16(4) The Secretary of the Natural Resources Agency, or his or
17her designee.

18(5) The Director of Finance, or his or her designee.

19(6) The Director of Parks and Recreation, or his or her designee.

20(7) The Director of Fish and Wildlife, or his or her designee.

21(8) The Executive Director of the Wildlife Conservation Board,
22or his or her designee.

23(9) The Executive Officer of the State Lands Commission, or
24his or her designee.

25(10) Three members from the public at large, one appointed by
26the Governor, one appointed by the Senate Committee on Rules,
27and one appointed by the Speaker of the Assembly.

28(b) Public-at-large members appointed pursuant to paragraph
29(10) of subdivision (a) may serve for one or more four-year terms.

30(c) Members appointed pursuant to paragraphs (1) to (3),
31inclusive, of subdivision (a) shall serve at the pleasure of their
32appointing authority.

33(d) All members of the governing board shall be voting

35(e) A person shall not continue as a member of the governing
36board if that person ceases to hold the office that qualifies that
37person for membership. In that event, the person’s membership
38on the governing board shall automatically terminate.



The members of the governing board who are not
40full-time public employees may be compensated for attendance at
P5    1regular meetings of the conservancy at the rate of one hundred
2dollars ($100) per regular meeting, not to exceed 12 regular
3meetings a year. All members of the governing board may be
4reimbursed the actual amount of the reasonable and necessary
5expenditures incurred in attending meetings of the conservancy
6and carrying out the duties of their office.



The governing board shall elect from its own members
8abegin delete chairpersonend deletebegin insert chairend insert and vicebegin delete chairperson,end deletebegin insert chair,end insert whose terms of
9office shall be two years, and who may serve more than one term.
10In the event of a vacancy, a newbegin delete chairpersonend deletebegin insert chairend insert or vice
11begin delete chairpersonend deletebegin insert chairend insert may be elected by the governing board before
12the expiration of the two-year term to fillbegin delete outend delete the remainder of that
13two-year term.



The governing board shall meet at least once each
15quarter at one or more locations withinbegin delete Sacramento County.end deletebegin insert the
16County of Sacramento.end insert
A majority of the membership of the
17governing body shall constitute a quorum for the transaction of
18the business of the conservancy. If a quorum is present, a majority
19vote of the members present is sufficient to transact the business
20of the governing board. Meetings of the governing board shall be
21open to the public and subject to the Bagley-Keene Open Meeting
22Actbegin delete (Chapter 9 (commencing with Section 54950) of Part 1 of
23Division 2 of Title 5end delete
begin insert (Article 9 (commencing with Section 11120)
24of Division 3 of Title 2end insert
of the Government Code).



The governing board shall adopt rules and procedures
26necessary to conduct its business.



The conservancy shall do all of the following:

28(a) Coordinate its activities with the County of Sacramento,
29each city that includes a portion of the American River Parkway,
30appropriate local and regional flood control districts, and relevant
31state agencies.

begin insert

(b) Consult with the County of Sacramento on whether the
33conservancy’s actions are consistent with the American River
34Parkway Plan.

end insert
begin delete


end delete

36begin insert(c)end insert Administer anybegin delete fundsend deletebegin insert moneysend insert appropriated to the
37conservancy or any revenues generated by the conservancy.

begin delete


end delete

39begin insert(d)end insert Providebegin delete grantsend deletebegin insert funding and assistanceend insert to the County of
40Sacramento for the development, update, adoption, and
P6    1implementation of abegin delete Natural Resource Management Planend deletebegin insert natural
2resource management planend insert
for the American River Parkway, and
3begin insert grantsend insert to other local agencies and nonprofit organizationsbegin delete whose
4projects are approved by the parkway managerend delete
for implementation
5of that plan.



Consistent with the American River Parkway Plan, the
7conservancy may do any of the following:

8(a) Provide grants to local public agencies and nonprofit
9organizationsbegin delete whose projects are approved by the parkway managerend delete
10 to be used for one or more of the following purposes:

11(1) Thebegin delete acquisition,end delete restoration, enhancement, and maintenance
12of fish and wildlife habitat and other natural resources, including
13resources impacted by wildfire, within and adjacentbegin delete to,end deletebegin insert toend insert the
14American River Parkway.

15(2) The improvement and expansion of public access facilities
16including trails.

17(3) The enhancement of interpretive and educational facilities
18related to the American River Parkway and its natural, cultural,
19and historic resources.

20(b) Improve and enhance landsbegin delete within,end deletebegin insert withinend insert and adjacentbegin delete to,end delete
21begin insert toend insert the American River Parkway.

22(c) Design, implement, and provide grants to local agencies and
23nonprofit organizations for multibenefit projects to capture
24stormwater and improve water quality, enhance fish and wildlife
25habitat, improve recreational areas, and increase water supply, or
26a combination of those benefits, on lands withinbegin delete the American
27River Parkwayend delete
orbegin delete landsend delete adjacent to the American River Parkway
28and within the boundaries of the County of Sacramento.

29(d) Solicit grants, donations of in-kind services, and other
30contributions from federal, state, and private sources for the
31purposes of this division.

32(e) Establish necessary advisory boards or committees related
33to the purposes of this division.



The conservancy shall not do any of the following:

35(a) Fund or implement projects on lands without the written
36consent of the landowner.

37(b) Regulate the use of lands orbegin delete waters not under the jurisdiction
38of the conservancy.end delete
begin insert waters.end insert

39(c) Levy any tax or special assessment.

P7    1(d) Provide grants or take other actions that are inconsistent
2with the American River Parkway Plan or the Urban American
3River Parkway Preservation Act (Chapter 10 (commencing with
4Section 5840) of Division begin delete 5), including, but not limited to, a project
5determined by the Board of Supervisors of the County of
6 Sacramento to be inconsistent with that plan or that act.end delete
begin insert 5).end insert

7(e) Own or acquire land.



The Lower American River Conservancy Fund is hereby
9created in the State Treasury. Moneys in the fund shall be available,
10upon appropriation, for the purposes of this division.



Nothing in this act shall supersede or diminish the
12existing authority of the County of Sacramento or any other entity
13responsible for the management, operation, maintenance, or
14protection of lands and resources within the American River