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 would create the Lower American River Conservancy in the Natural Resources Agency 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
begin delete Treasury,end delete and would specify that moneys in the fund shall be available, upon appropriation, for the purposes of the begin delete conservancy.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Division 22.2 (commencing with Section 32280)
2is added to the Public Resources Code, to read:
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
begin delete adjacentend delete to and within two incorporated cities
16and 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
begin delete it,end delete
27 the County of Sacramento has
begin delete continued toend delete own,
30manage, operate, and patrol the
begin delete American River Parkway’send delete lands
begin delete resources.end delete
32(e) The American River Parkway provides additional benefits
33to the state and the Sacramento region including flood control,
34water supply, water quality, habitat for anadromous fisheries,
35including salmon and steelhead, and habitat for migratory
36waterfowl and other wildlife.
37(f) The Legislature recognized the statewide importance of the
38 American River Parkway in enacting the Urban American River
P3 1Parkway Preservation Act (Chapter 10 (commencing with Section
25840) of Division 5), which culminated with the adoption of the
3American River Parkway
begin delete Plan.end delete
17 The state has an interest in assisting local agencies in
18expanding, enhancing, and restoring the natural, recreational, and
19educational resources in and adjacent to the American River
22 The establishment of the Lower American River Conservancy
23can provide a state partner to work cooperatively with local
24agencies, particularly the County of
begin delete Sacramento,end delete and nonprofit organizations to
26help fund projects and provide grants to restore, enhance, interpret,
begin delete increaseend delete public access to the American River
28Parkway’s natural, recreational, educational, and cultural resources.
For purposes of this division, the following terms
30have the following meanings:
34 “American River Parkway” means the area
35described in the American River Parkway
begin delete Plan.end delete
P4 1 “American River Parkway Plan” has the same meaning as
2in subdivision (a) of Section 5841.
4 “Conservancy” means the Lower American River
5Conservancy established by this division.
7 “Governing board” means the governing board of the
10 “Nonprofit organization” means a private, nonprofit
11organization, with nonprofit status acknowledged by the United
12States Internal Revenue Service, that qualifies under Section
13501(c)(3) of the Internal Revenue Code, as amended, and that has
14among its principal charitable purposes the preservation,
15restoration, or interpretation of land for scientific, historic,
16educational, recreational, scenic, or open-space purposes, the
17protection of the natural environment or biological resources, or
18both, or the preservation or enhancement of wildlife, or both.
(a) The Lower American River Conservancy is hereby
22created in the Natural Resources Agency to receive and expend
23proceeds from bonds or other appropriations made in the annual
24Budget Act or other statutes for the benefit of the American River
26(b) To the extent permissible under this division, the
27conservancy shall prioritize expending moneys to develop and
28implement a natural resource management plan and to improve
29access to and protection of the American River Parkway.
(a) The governing board shall consist of the following
32(1) Three members of the Board of Supervisors of the County
33of Sacramento, selected by a majority vote of the board of
35(2) Two representatives of the City of Sacramento, which may
36include the Mayor and one member of the City Council of the City
37of Sacramento, or two members of the city council, selected by a
38majority vote of the city council.
39(3) The Mayor or a member of the City Council of the City of
40Rancho Cordova, selected by a majority vote of the city council.
P5 1(4) The Secretary of the Natural Resources Agency, or his or
3(5) The Director of Finance, or his or her designee.
4(6) The Director of Parks and Recreation, or his or her designee.
5(7) The Director of Fish and Wildlife, or his or her designee.
6(8) The Executive Director of the Wildlife Conservation Board,
7or his or her designee.
8(9) The Executive Officer of the State Lands Commission, or
9his or her designee.
10(10) Three members from the public at large, one
11the Governor, one appointed by the Senate Committee on Rules,
12and one appointed by the Speaker of the Assembly.
13(b) Public-at-large members appointed pursuant to paragraph
14(10) of subdivision (a) may serve for one or more four-year terms.
18(c) Members appointed pursuant to paragraphs (1) to (3),
19inclusive, of subdivision (a) shall serve at the pleasure of their
21(d) All members of the governing board shall be voting
23(e) A person shall not continue as a member of the governing
24board if that person ceases to hold the office that qualifies that
25person for membership. In that event, the person’s membership
26on the governing board shall automatically terminate.
The members of the governing board who are not
28full-time public employees may be compensated for attendance at
29regular meetings of the conservancy at the rate of one hundred
30dollars ($100) per regular meeting, not to exceed 12 regular
31meetings a year. All members of the governing board may be
32reimbursed the actual amount of the reasonable and necessary
33expenditures incurred in attending meetings of the conservancy
34and carrying out the duties of their office.
The governing board shall elect from its own members
36a chair and vice chair, whose terms of office shall be two years,
37and who may serve more than one term. In the event of a vacancy,
38a new chair or vice chair may be elected by the governing board
39before the expiration of the two-year term to fill the remainder of
40that two-year term.
The governing board shall meet at least once each
2quarter at one or more locations within the County of Sacramento.
3A majority of the membership of the governing body shall
4constitute a quorum for the transaction of the business of the
5conservancy. If a quorum is present, a majority vote of the
6members present is sufficient to transact the business of the
7governing board. Meetings of the governing board shall be open
8to the public and subject to the Bagley-Keene Open Meeting Act
9 (Article 9 (commencing with Section 11120) of Division 3 of Title 2 of the Government Code).
The governing board shall adopt rules and procedures
12necessary to conduct its business.
The conservancy shall do all of the following:
14(a) Coordinate its activities with the County of Sacramento,
15each city that includes a portion of the American River Parkway,
16appropriate local and regional flood control districts, and relevant
begin deleteConsult end delete
20 with the County of Sacramento
begin delete onend delete whether
21the conservancy’s actions are consistent with the
22American River Parkway Plan.
27(c) Administer any moneys appropriated to the conservancy or
28any revenues generated by the conservancy.
29(d) Provide funding and assistance to the County of Sacramento
30for the development, update, adoption, and implementation of a
31natural resource management plan for the American River Parkway,
32and grants to other local agencies and nonprofit organizations
34implementation of that plan.
Consistent with the American River Parkway Plan, the
39conservancy may do any of the following:
P7 1(a) Provide grants to local public agencies and nonprofit
2organizations to be used for one or more of the following purposes:
3(1) The restoration, enhancement, and maintenance
4of fish and wildlife habitat and other natural resources, including
5resources impacted by wildfire, within and adjacent to the
6American River Parkway.
9(2) The improvement and expansion of public
begin delete access facilitiesend delete
12(3) The enhancement of interpretive and educational facilities
13related to the American River Parkway and its natural, cultural,
14and historic resources.
17(b) Improve and enhance lands within and adjacent
18American River Parkway.
19(c) Design, implement, and provide grants to local agencies and
20nonprofit organizations for
begin delete multibenefit projects to capture
21stormwater and improve water quality, enhance fish and wildlife
22habitat, improve recreational areas, and increase water supply, or
23a combination of those benefits, on lands within or adjacent to the
24American River Parkway and within the boundaries of the County
25of Sacramento.end delete
33(d) Solicit grants, donations of in-kind services, and other
34contributions from federal, state, and private sources for the
35purposes of this division.
36(e) Establish necessary advisory boards or committees related
37to the purposes of this division.
The conservancy shall not do any of the following:
39(a) Fund or implement projects on lands without the written
40consent of the landowner.
P8 1(b) Regulate the use of lands or waters.
2(c) Levy any tax or special assessment.
3(d) Provide grants or take other actions that are inconsistent
4with the American River Parkway
begin delete Planend delete or the Urban American River Parkway Preservation
7Act (Chapter 10 (commencing with Section 5840) of Division 5).
8(e) Own or acquire land.
The Lower American River Conservancy Fund is hereby
10created in the State Treasury. Moneys in the fund shall be available,
11upon appropriation, for the purposes of this division.
Nothing in this act shall supersede or diminish the
13existing authority of
begin delete theend delete
14 County of Sacramento or any other entity responsible
15for the management, operation, maintenance, or protection of lands
16and resources within the American River Parkway.