Amended in Senate June 22, 2016

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 begin delete Division 22.2 (commencing with Section 32280) to end delete begin insert Chapter 10.5 (commencing with Section 5845) to Division 5 of end insert the Public Resources Code, relating to the Lower American begin delete River Conservancy. end delete begin insert River, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1716, as amended, McCarty. Lower American River begin delete Conservancy. end delete begin insert Conservancy Program. end insert

begin insert

The Urban American River Parkway Preservation Act adopts the American River Parkway Plan to provide coordination among governmental agencies in the protection and management of natural land, water, native wildlife, and vegetation of the American River Parkway and requires actions of state and local agencies with regard to land use decisions be consistent with the plan, as provided. Existing law establishes the Wildlife Conservation Board within the Department of Fish and Wildlife and requires the board to investigate, study, and determine areas in the state that are most suitable for certain wildlife-related purposes.

end insert begin insert

This bill would require the board to implement and administer the Lower American River Conservancy Program to receive and expend moneys for the benefit of the Lower American River and related lands by, among other things, providing grants to local public agencies and nonprofit organizations for projects benefiting the Lower American River. The bill would require the board to establish an advisory committee, as specified. The bill would establish the Lower American River Conservancy Program Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, for purposes of the program. The bill would authorize the board to accept moneys, grants, goods or services contributed to it by public agencies, or private entities or persons and would require those moneys be deposited in the Donation Account, which the bill would establish in the fund. The bill would continuously appropriate the moneys in the account to the board for purposes of the program, thereby making an appropriation. The bill would authorize the board, upon receipt, to use goods and services contributed by public agencies, or private entities or persons.

end insert begin delete

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

end delete begin delete

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

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

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

begin delete

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

 

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 10.5 (commencing with Section 5845)
is added to Division 5 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

 

begin insert

Chapter   begin insert 10.5. end insert begin insert Lower American River Conservancy
Program end insert

end insert

 

begin delete 32280. end delete

begin insert 5845. end insert   

This begin delete division end delete begin insert chapter end insert shall be known, and may be cited,
as the Lower American River Conservancy begin insert Program end insert Act.

begin delete 32280.1. end delete

begin insert 5845.1. end insert   

begin insert (a) end insert begin insert   end insert The Legislature finds and declares all of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  The begin delete lower end delete begin insert Lower end insert 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 next to and within two incorporated cities and the
unincorporated County of Sacramento.

begin delete

(b)

end delete

begin insert (2) end insert  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, begin insert state agencies, end insert and the Legislature.

begin delete

(c)

end delete

begin insert (3) end insert  The American River Parkway was established by the County
of Sacramento, with financial support from the state and other
public and private entities.

begin delete

(d)

end delete

begin insert (4) end insert  Since establishing the American River Parkway in 1959,
the County of Sacramento has 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 lands and resources within the
American River Parkway.

begin delete

(e)

end delete

begin insert (5) end insert  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, begin delete and end delete habitat for migratory
begin delete waterfowl end delete begin insert waterfowl, habitat for sensitive species, including
Swainson’s hawks, peregrine falcons, northern harriers,
white-tailed kites, and western pond turtles, end insert and begin insert habitat for end insert other

begin delete wildlife. end delete begin insert wildlife, including river otters. end insert

begin delete

(f)

end delete

begin insert (6) end insert  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
begin delete 5840) of Division 5), end delete begin insert 5840)), end insert which culminated with the adoption
of the American River Parkway Plan and the Bushy Lake
Preservation Act (Chapter 9 (commencing with Section begin delete 5830) of
Division 5). end delete begin insert 5830)). end insert

begin delete

(g)

end delete

begin insert (7) end 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 begin delete 5093.50) of Division 5), end delete
begin insert 5093.50)), end insert providing management guidance and direction for state
departments and agencies, as well as local governments, in carrying
out their responsibilities under that act.

begin delete

(h)

end delete

begin insert (8) end insert  The state has an interest in begin delete assisting end delete begin insert working with end insert local
agencies begin delete in expanding, enhancing, and restoring end delete begin insert to expand,
enhance, and restore end insert the natural, recreational, begin insert cultural, end insert and
educational resources in and adjacent to the American River
Parkway.

begin delete

(i)

end delete

begin insert (9) end insert  The establishment of the Lower American River
Conservancy begin delete can end delete begin insert Program will end insert provide a state partner to work
cooperatively with local agencies, particularly the County of
Sacramento in its role as the Parkway Manager, and nonprofit
organizations to help fund projects and provide grants to restore,
enhance, interpret, protect, and improve public access to the
American River Parkway’s natural, recreational, educational, and
cultural resources.

begin insert

(b) It is the intent of the Legislature that the Lower American
River Conservancy Program be a continuation of the state’s
historic role in providing funding to advance the protection and
restoration of the natural resources of the Lower American River
while continuing the County of Sacramento’s historic role in
managing the lands and public uses of the American River
Parkway.

end insert

begin delete 32280.5. end delete

begin insert 5845.2. end insert   

For purposes of this begin delete division, end delete begin insert chapter, end insert the following

begin delete terms have the following meanings: end delete begin insert definitions apply: end insert

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

begin insert

(b) “Advisory committee” means the advisory committee
established pursuant to Section 5845.4.

end insert begin delete

(b)

end delete

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

begin delete

(c)

end delete

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

begin insert

(e) “Board” means the Wildlife Conservation Board established
pursuant to Section 1320 of the Fish and Game Code.

end insert begin delete

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

end delete begin delete

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

end delete begin insert

(f) “Fund” means the Lower American River Conservancy Fund
established pursuant to Section 5845.9.

end insert begin delete

(f)

end delete

begin insert (g) 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 delete

(g)

end delete

begin insert (h) end insert  “Parkway Manager” means the Sacramento County Board
of Supervisors or its designee.

begin insert

(i) “Program” means the Lower American River Conservancy
Program established pursuant to Section 5845.3.

end insert

begin delete 32281. end delete

begin insert 5845.3. end insert   

(a) The begin insert board shall implement and administer the end insert
Lower American River Conservancy begin insert Program, which end insert is hereby
created begin delete in the Natural Resources Agency end delete 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

begin delete Parkway. end delete begin insert Parkway and related lands. end insert

(b)  begin delete To the extent permissible under this division, the
conservancy end delete begin insert In administering the program, the board end insert shall
prioritize expending moneys to develop and implement a natural
resource management plan and to improve access begin delete to and end delete begin insert to, and end insert
protection begin delete of end delete begin insert and restoration of, end insert the American River Parkway.

begin delete 32281.5. end delete

begin insert 5845.4. end insert   

(a) The begin delete governing end delete board shall begin delete consist end delete begin insert establish an
advisory committee consisting end insert 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)  begin delete The Secretary of end delete begin insert Representatives from relevant state
agencies, including, but not limited to, end insert the Natural Resources
Agency, begin delete or his or her designee. end delete begin insert the Department of Finance, the
Department of Parks and Recreation, and the State Lands
Commission. end insert

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

(10)

end delete

begin insert (5) end insert  Three members from the public begin delete at large, one appointed by
the Governor, one appointed by the Senate Committee on Rules,
and one appointed by the Speaker of the Assembly. end delete begin insert who have a
demonstrated knowledge of and expertise in the American River
Parkway and the American River Parkway Plan. end insert

begin delete

(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.

end delete begin delete

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

end delete begin delete

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

end delete begin delete

(e)

end delete

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

begin insert

(c) Members of the advisory committee shall serve without
compensation.

end insert begin insert

(d) The advisory committee shall meet at least twice each
calendar year at one or more locations in the County of
Sacramento.

end insert begin insert

(e) Meetings of the advisory committee 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).

end insert

begin delete

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.

end delete

begin delete 32285. end delete

begin insert 5845.5. end insert   

begin delete The conservancy end delete begin insert In implementing the program, the
board end insert 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) Prior to approving funding for any project, do both of the
following:

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

(c) Administer any moneys appropriated to the begin delete conservancy end delete
begin insert board for the program end insert or any revenues generated by the

begin delete conservancy. end delete begin insert board pursuant to the program. end insert

(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.

begin delete

(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 delete begin insert

(e) For projects that involve fee acquisition of lands within the
American River Parkway, give preference to projects in which the
County of Sacramento would be either the fee owner or the
long-term manager of the property.

end insert

begin delete 32286. end delete

begin insert 5845.6. end insert   

Consistent with the American River Parkway Plan, the
begin delete conservancy end delete begin insert board, in administering the program, end insert 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. begin delete Any land acquisition funded pursuant
to this paragraph shall be subject to subdivision (e) of Section
32285. end delete

(2) The improvement and expansion of public access,
recreational areas, and recreational facilities, including begin delete trails. end delete begin insert trails,
in a manner that does not have significant adverse impacts on
wildlife or wildlife habitat. end insert

(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
begin delete propogation end delete begin insert propagation end insert of native species.

(b) Improve and enhance lands within and adjacent to the
American River Parkway. begin insert Projects funded on adjacent lands shall
contribute to the advancement of American River Parkway values. end insert

(c) Design, implement, and provide grants to local agencies and
nonprofit organizations for begin delete both of the following: end delete

begin delete

(1) Stormwater

end delete

begin insert stormwater end insert capture and treatment projects to improve the quality
of water that flows within and into the American River begin delete Parkway. end delete
begin insert Parkway and to increase habitat for fish and wildlife. end insert 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.

begin delete

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

end delete

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

begin delete

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

end delete

begin delete 32287. end delete

begin insert 5845.7. end insert   

begin delete The conservancy end delete begin insert In administering the program, the
board end insert shall not do any of the following:

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

(b)  begin delete Regulate end delete begin insert Manage, regulate, or control end insert the use of begin delete lands or
waters. end delete begin insert any land owned or leased by another public agency or
private party, except as provided pursuant to a written agreement
between that public agency or private party. end insert

(c) Levy any tax or special assessment.

(d) Provide grants or take other actions that are inconsistent
with the American River Parkway 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.

begin insert

begin insert 5845.8. end insert   

To the extent feasible, in administering the program,
the board shall give preference to projects that utilize the services
of the California Conservation Corps or Community Conservation
Corps, as defined in Section 14507.5.

end insert

begin delete 32290. end delete

begin insert 5845.9. end insert   

begin insert (a) end insert begin insert   end insert The Lower American River Conservancy begin insert Program end insert
Fund is hereby created in the State Treasury. Moneys in the fund
shall be available, upon appropriation, for the purposes of this

begin delete division. end delete begin insert chapter. Moneys received by the board pursuant to this
chapter shall be deposited in the fund, unless otherwise provided
by the State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title
2 of the Government Code). The board shall administer the moneys
appropriated to it for the program and may expend those moneys
for capital improvements, land acquisition, support for the
program’s operations, and other purposes consistent with this
chapter. end insert

begin insert

(b) (1) The board may accept money, grants, goods, or services
contributed to it by a public agency or a private entity or person.
Moneys received pursuant to this paragraph shall be deposited in
the Donation Account, which is hereby established in the fund.

end insert begin insert

(2) Notwithstanding Section 13340 of the Government Code,
moneys in the account are hereby continuously appropriated,
without regard to fiscal year, to the board for the purposes of this
chapter.

end insert begin insert

(3) Upon receipt of goods and services pursuant to paragraph
(1), the board may use those goods and services for the purposes
of this chapter.

end insert

begin delete 32291. end delete

begin insert 5845.10. end insert   

begin delete Nothing in this act shall end delete begin insert This chapter does not end insert
supersede or diminish the existing authority of begin delete either end delete begin insert any end insert 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.

begin insert

(c) The board pursuant to other law.

end insert