Amended in Senate June 9, 2016

Amended in Assembly April 26, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert Treasury end insert and would specify that moneys in the fund shall be available, upon appropriation, for the purposes of the begin delete conservancy. end delete begin insert conservancy, as provided. end insert

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

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

SECTION 1.  

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

 

Division 22.2.  Lower American River
Conservancy

 

32280.  

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

32280.1.  

The Legislature finds and declares all of the following:

(a) The lower American River is one of California’s most
important natural environments, providing recreational,
environmental, and educational opportunities to more than
8,000,000 visitors each year. It also serves as a unique urban
greenbelt composed of more than 5,000 acres and lying
immediately begin delete adjacent end delete begin insert next end insert to and within two incorporated cities
and the unincorporated County of Sacramento.

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

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

(d) Since establishing begin delete it, end delete begin insert the American River Parkway in 1959, end insert
the County of Sacramento has begin delete continued to end delete begin insert and will continue to
update, maintain, and determine consistency with the American
River Parkway Plan and to serve as the Parkway Manager to end insert own,
manage, operate, and patrol the begin delete American River Parkway’s end delete lands
and begin delete resources. end delete begin insert resources within the American River Parkway. end insert

(e) The American River Parkway provides additional benefits
to the state and the Sacramento region including flood control,
water supply, water quality, habitat for anadromous fisheries,
including salmon and steelhead, and habitat for migratory
waterfowl and other wildlife.

(f) The Legislature recognized the statewide importance of the
American River Parkway in enacting the Urban American River
Parkway Preservation Act (Chapter 10 (commencing with Section
5840) of Division 5), which culminated with the adoption of the
American River Parkway begin delete Plan. end delete begin insert Plan and the Bushy Lake
Preservation Act (Chapter 9 (commencing with Section 5830) of
Division 5). end insert

begin insert (g) end insert begin insert   end insert begin insert The statewide and national importance of the Lower
American River Parkway was further recognized when it was
designated as part of the California Wild and Scenic Rivers System
and the National Wild and Scenic Rivers System. The American
River Parkway Plan acts as the management plan for the lower
American River under the California Wild and Scenic Rivers Act
(Chapter 1.4 (commencing with Section 5093.50) of Division 5),
providing management guidance and direction for state
departments and agencies, as well as local governments, in
carrying out their responsibilities under that act. end insert

begin delete

(g)

end delete

begin insert (h) end insert  The state has an interest in assisting local agencies in
expanding, enhancing, and restoring the natural, recreational, and
educational resources in and adjacent to the American River
Parkway.

begin delete

(h)

end delete

begin insert (i) end insert  The establishment of the Lower American River Conservancy
can provide a state partner to work cooperatively with local
agencies, particularly the County of begin delete Sacramento, end delete begin insert Sacramento in
its role as the Parkway Manager, end insert and nonprofit organizations to
help fund projects and provide grants to restore, enhance, interpret,
protect, and begin delete increase end delete begin insert improve end insert public access to the American River
Parkway’s natural, recreational, educational, and cultural resources.

32280.5.  

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

begin insert

(a) “Adjacent to” means downstream of the Nimbus Dam and
next to or in the immediate vicinity of the American River Parkway.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “American River Parkway” means begin insert those portions of end insert the area
described in the American River Parkway begin delete Plan. end delete begin insert Plan between the
Nimbus Dam and the confluence of the American River with the
Sacramento River. end insert

begin delete

end delete begin delete

(b)

end delete

begin insert (c) end insert  “American River Parkway Plan” has the same meaning as
in subdivision (a) of Section 5841.

begin delete

(c)

end delete

begin insert (d) end insert  “Conservancy” means the Lower American River
Conservancy established by this division.

begin delete

(d)

end delete

begin insert (e) end insert  “Governing board” means the governing board of the
conservancy.

begin delete

(e)

end delete

begin insert (f) end insert  “Nonprofit organization” means a private, nonprofit
organization, with nonprofit status acknowledged by the United
States Internal Revenue Service, that qualifies under Section
501(c)(3) of the Internal Revenue Code, as amended, and that has
among its principal charitable purposes the preservation,
restoration, or interpretation of land for scientific, historic,
educational, recreational, scenic, or open-space purposes, the
protection of the natural environment or biological resources, or
both, or the preservation or enhancement of wildlife, or both.

begin insert

(g) “Parkway Manager” means the Sacramento County Board
of Supervisors or its designee.

end insert

32281.  

(a) The Lower American River Conservancy is hereby
created in the Natural Resources Agency to receive and expend
proceeds from bonds or other appropriations made in the annual
Budget Act or other statutes for the benefit of the American River
Parkway.

(b) To the extent permissible under this division, the
conservancy shall prioritize expending moneys to develop and
implement a natural resource management plan and to improve
access to and protection of the American River Parkway.

32281.5.  

(a) The governing board shall consist of the following
members:

(1) Three members of the Board of Supervisors of the County
of Sacramento, selected by a majority vote of the board of
supervisors.

(2) Two representatives of the City of Sacramento, which may
include the Mayor and one member of the City Council of the City
of Sacramento, or two members of the city council, selected by a
majority vote of the city council.

(3) The Mayor or a member of the City Council of the City of
Rancho Cordova, selected by a majority vote of the city council.

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

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

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

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

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

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

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

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

begin insert These members shall have a demonstrated knowledge of and
expertise in the American River Parkway and the American River
Parkway Plan. end insert

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

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

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

32282.  

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

32282.5.  

The governing board shall elect from its own members
a chair and vice chair, whose terms of office shall be two years,
and who may serve more than one term. In the event of a vacancy,
a new chair or vice chair may be elected by the governing board
before the expiration of the two-year term to fill the remainder of
that two-year term.

32283.  

The governing board shall meet at least once each
quarter at one or more locations within the County of Sacramento.
A majority of the membership of the governing body shall
constitute a quorum for the transaction of the business of the
conservancy. If a quorum is present, a majority vote of the
members present is sufficient to transact the business of the
governing board. Meetings of the governing board shall be open
to the public and subject to the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) begin insert of Chapter 1 of Part
1 end insert of Division 3 of Title 2 of the Government Code).

32284.  

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

32285.  

The conservancy shall do all of the following:

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

(b)  begin delete Consult end delete begin insert Prior to approving funding for any project, do both
of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Consult end insert with the County of Sacramento begin delete on end delete begin insert as to end insert whether
the conservancy’s begin insert proposed end insert actions are consistent with the
American River Parkway Plan.

begin insert

(2) Draft a staff report that includes all findings, written
comments, and reports submitted by the County of Sacramento
and the Parkway Manager as to whether the conservancy’s actions
are consistent with the American River Parkway Plan.

end insert

(c) Administer any moneys appropriated to the conservancy or
any revenues generated by the conservancy.

(d) Provide funding and assistance to the County of Sacramento
for the development, update, adoption, and implementation of a
natural resource management plan for the American River Parkway,
and grants to other local agencies and nonprofit organizations
begin insert whose projects are approved by the County of Sacramento end insert for
implementation of that plan.

begin insert

(e) Prior to providing funding for any acquisition project within
the American River Parkway, require and ensure that title to the
lands to be acquired shall be held by the County of Sacramento.

end insert

32286.  

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

(a) Provide grants to local public agencies and nonprofit
organizations to be used for one or more of the following purposes:

(1) The begin insert acquisition, end insert restoration, enhancement, and maintenance
of fish and wildlife habitat and other natural resources, including
resources impacted by wildfire, within and adjacent to the
American River Parkway. begin insert Any land acquisition funded pursuant
to this paragraph shall be subject to subdivision (e) of Section
32285. end insert

(2) The improvement and expansion of public begin delete access facilities end delete
begin insert access, recreational areas, and recreational facilities, end insert including
trails.

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

begin insert

(4) The control and removal of invasive species and the
propogation of native species.

end insert

(b) Improve and enhance lands within and adjacent to the
American River Parkway.

(c) Design, implement, and provide grants to local agencies and
nonprofit organizations for begin delete multibenefit projects to capture
stormwater and improve water quality, enhance fish and wildlife
habitat, improve recreational areas, and increase water supply, or
a combination of those benefits, on lands within or adjacent to the
American River Parkway and within the boundaries of the County
of Sacramento. end delete begin insert both of the following: end insert

begin insert

(1) Stormwater capture and treatment projects to improve the
quality of water that flows within and into the American River
Parkway. Stormwater projects may include lands within and
adjacent to the American River Parkway and its tributaries
downstream of the Nimbus Dam and within Sacramento County.

end insert begin insert

(2) Projects to enhance fish and wildlife habitat and increase
open space.

end insert

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

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

32287.  

The conservancy shall not do any of the following:

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

(b) Regulate the use of lands or waters.

(c) Levy any tax or special assessment.

(d) Provide grants or take other actions that are inconsistent
with the American River Parkway begin delete Plan end delete begin insert Plan, the Bushy Lake
Preservation Act (Chapter 9 (commencing with Section 5830) of
Division 5), end insert or the Urban American River Parkway Preservation
Act (Chapter 10 (commencing with Section 5840) of Division 5).

(e) Own or acquire land.

32290.  

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

32291.  

Nothing in this act shall supersede or diminish the
existing authority of begin delete the end delete begin insert either of the following: end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert County of Sacramento or any other entity responsible
for the management, operation, maintenance, or protection of lands
and resources within the American River Parkway.

begin insert

(b) The Sacramento County Board of Supervisors acting as the
Parkway Manager pursuant to its authority to interpret and
implement the American River Parkway Plan.

end insert