BILL NUMBER: AB 1716 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 26, 2016
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 Treasury,
Treasury and would specify that moneys in the fund shall be
available, upon appropriation, for the purposes of the
conservancy. conservancy, as provided.
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 adjacent
next 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 it, the American
River Parkway in 1959, the County of Sacramento has
continued to and will continue to update, maintain,
and determine consistency with the American River Parkway
Plan and to serve as the Parkway Manager to own, manage,
operate, and patrol the American River Parkway's
lands and resources. resources within the
American River Parkway.
(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 Plan. Plan and the Bushy Lake
Preservation Act (Chapter 9 (commencing with Section 5830) of
Division 5).
(g) 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.
(g)
(h) 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.
(h)
(i) The establishment of the Lower American River
Conservancy can provide a state partner to work cooperatively with
local agencies, particularly the County of Sacramento,
Sacramento in its role as the Parkway Manager,
and nonprofit organizations to help fund projects and provide grants
to restore, enhance, interpret, protect, and increase
improve 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:
(a) "Adjacent to" means downstream of the Nimbus Dam and next to
or in the immediate vicinity of the American River Parkway.
(a)
(b) "American River Parkway" means those portions
of the area described in the American River Parkway
Plan. Plan between the Nimbus Dam and the confluence
of the American River with the Sacramento River.
(b)
(c) "American River Parkway Plan" has the same meaning
as in subdivision (a) of Section 5841.
(c)
(d) "Conservancy" means the Lower American River
Conservancy established by this division.
(d)
(e) "Governing board" means the governing board of the
conservancy.
(e)
(f) "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.
(g) "Parkway Manager" means the Sacramento County Board of
Supervisors or its designee.
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.
These members shall have a demonstrated knowledge of and expertise in
the American River Parkway and the American River Parkway Plan.
(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) of Chapter 1 of Part 1 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) Consult Prior to approving funding for
any project, do both of the following:
(1) Consult with the County of
Sacramento on as to whether the
conservancy's proposed actions are consistent with the
American River Parkway Plan.
(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.
(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 whose
projects are approved by the County of Sacramento for
implementation of that plan.
(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.
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 acquisition, 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. Any land acquisition funded
pursuant to this paragraph shall be subject to subdivision (e) of
Section 32285.
(2) The improvement and expansion of public access
facilities access, recreational areas, and
recreational facilities, including trails.
(3) The enhancement of interpretive and educational facilities
related to the American River Parkway and its natural, cultural, and
historic resources.
(4) The control and removal of invasive species and the
propogation of native species.
(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 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. both of the following:
(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.
(2) Projects to enhance fish and wildlife habitat and increase
open space.
(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 Plan Plan,
the Bushy Lake Preservation Act (Chapter 9 (commencing
with Section 5830) of Division 5), 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 the either of the
following:
(a) The County of Sacramento or
any other entity responsible for the management, operation,
maintenance, or protection of lands and resources within the American
River Parkway.
(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.