as amended, McCarty. Lower American River
begin delete Conservancy.end 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
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
begin deleteno end delete.
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:
begin delete divisionend delete shall be known, and may be cited,
6as the Lower American River Conservancy Act.
The Legislature finds and declares all of the
begin delete lowerend delete American River is one of California’s most
12important natural environments, providing recreational,
13environmental, and educational opportunities to more than
148,000,000 visitors each year. It also serves as a unique urban
15greenbelt composed of more than 5,000 acres and lying
16immediately next to and within two incorporated cities and the
17unincorporated County of Sacramento.
19 The American River Parkway includes natural and
20recreational resources of statewide interest and is often referred
21to as “the jewel” of the Sacramento region, and it is managed as
22such with an intent to fulfill the vision set forth through past
23 collaborative efforts involving advocates and stakeholders, the
24County of Sacramento, and the Legislature.
26 The American River Parkway was established by the County
27of Sacramento, with financial support from the state and other
28public and private entities.
30 Since establishing the American River Parkway in 1959,
31the County of Sacramento has and will continue to update,
32maintain, and determine consistency with the American River
33Parkway Plan and to serve as the Parkway Manager to own,
34manage, operate, and patrol the lands and resources within the
35American River Parkway.
37 The American River Parkway provides additional benefits
38to the state and the Sacramento region including flood control,
39water supply, water quality, habitat for anadromous fisheries,
40including salmon and steelhead,
begin delete andend delete habitat for migratory
begin delete waterfowlend delete and other
begin delete wildlife.end delete
6 The Legislature recognized the statewide importance of the
7American River Parkway in enacting the Urban American River
8Parkway Preservation Act (Chapter 10 (commencing with Section
begin delete 5840) of Division 5),end delete which culminated with the adoption
10of the American River Parkway Plan and the Bushy Lake
11Preservation Act (Chapter 9 (commencing with Section
begin delete 5830) of
12Division 5).end delete
14 The statewide and
national importance of the Lower
15American River Parkway was further recognized when it was
16designated as part of the California Wild and Scenic Rivers System
17and the National Wild and Scenic Rivers System. The American
18River Parkway Plan acts as the management plan for the lower
19American River under the California Wild and Scenic Rivers Act
20(Chapter 1.4 (commencing with Section
begin delete 5093.50) of Division 5),end delete
21 providing management guidance and direction for state
22departments and agencies, as well as local governments, in carrying
23out their responsibilities under that act.
25 The state has an interest in
begin delete assistingend delete local
begin delete in expanding, enhancing, and restoringend delete the natural, recreational, and
28educational resources in and adjacent to the American River
31 The establishment of the Lower American River
begin delete canend delete provide a state partner to work
33cooperatively with local agencies, particularly the County of
34Sacramento in its role as the Parkway Manager, and nonprofit
35organizations to help fund projects and provide grants to restore,
36enhance, interpret, protect, and improve public access to the
37American River Parkway’s natural, recreational, educational, and
For purposes of this
begin delete division,end delete the following
begin delete terms have the following meanings:end delete
9(a) “Adjacent to” means downstream of the Nimbus Dam and
10next to or in the immediate vicinity of the American River
15 “American River Parkway” means those portions of the area
16described in the American River Parkway Plan between the Nimbus
17Dam and the confluence of the American River with the
20 “American River Parkway Plan” has the same meaning as
21in subdivision (a) of Section 5841.
24(d) “Conservancy” means the Lower American River
25Conservancy established by this division.
26(e) “Governing board” means the governing board of the
31 “Nonprofit organization” means a private, nonprofit
32organization, with nonprofit status acknowledged by the United
33States Internal Revenue Service, that qualifies under Section
34501(c)(3) of the Internal Revenue Code, as amended, and that has
35among its principal charitable purposes the preservation,
36restoration, or interpretation of land for scientific, historic,
37educational, recreational, scenic, or open-space purposes, the
38protection of the natural environment or biological resources, or
39both, or the preservation or enhancement of wildlife, or both.
P6 1 “Parkway Manager” means the Sacramento County Board
2of Supervisors or its designee.
7 Lower American River Conservancy is hereby
begin delete in the Natural Resources Agencyend delete to receive and expend
9proceeds from bonds or other appropriations made in the annual
10Budget Act or other statutes for the benefit of the American River
begin delete Parkway.end delete
begin deleteTo the extent permissible under this division, the shall
13conservancy end delete
14prioritize expending moneys to develop and implement a natural
15resource management plan and to improve access
begin delete to andend delete
begin delete ofend delete
the American River Parkway.
begin delete governingend delete board shall begin delete consistend delete of the following members:
20(1) Three members of the Board of Supervisors of the County
21of Sacramento, selected by a majority vote of the board of
23(2) Two representatives of the City of Sacramento, which may
24include the Mayor and one member of the City Council of the City
25of Sacramento, or two members of the city council, selected by a
26majority vote of the city council.
27(3) The Mayor or a member of the City Council of the City of
28Rancho Cordova, selected by a majority vote of the city council.
begin deleteThe Secretary of end deletethe Natural Resources
begin delete or his or her designee.end delete
34(5) The Director of Finance, or his or her designee.end delete
35(6) The Director of Parks and Recreation, or his or her designee.end delete
36(7) The Director of Fish and Wildlife, or his or her designee.end delete
37(8) The Executive Director of the Wildlife Conservation Board,
38or his or her designee.
39(9) The Executive Officer of the State Lands Commission, or
40his or her designee.
P7 1(10)end delete
2 Three members from the public
begin delete at large, one
3the Governor, one appointed by the Senate Committee on Rules,
4and one appointed by the Speaker of the Assembly.end delete
7(b) Public-at-large members appointed pursuant to paragraph
8(10) of subdivision (a) may serve for one or more four-year terms.
9These members shall have a demonstrated knowledge of and
10expertise in the American River Parkway and the American River
12(c) Members appointed pursuant to paragraphs (1) to (3),
13inclusive, of subdivision (a) shall serve at the pleasure of their
15(d) All members of the governing board shall be voting
18 A person shall not continue as a member of the
begin delete governing if that person ceases to hold the office
20that qualifies that person for membership. In that event, the
21person’s membership on the
begin delete governing boardend delete
22 shall automatically terminate.
The members of the governing board who are not
33full-time public employees may be compensated for attendance at
34regular meetings of the conservancy at the rate of one hundred
35dollars ($100) per regular meeting, not to exceed 12 regular
36meetings a year. All members of the governing board may be
37reimbursed the actual amount of the reasonable and necessary
38expenditures incurred in attending meetings of the conservancy
39and carrying out the duties of their office.
The governing board shall elect from its own members
2a chair and vice chair, whose terms of office shall be two years,
3and who may serve more than one term. In the event of a vacancy,
4a new chair or vice chair may be elected by the governing board
5before the expiration of the two-year term to fill the remainder of
6that two-year term.
The governing board shall meet at least once each
8quarter at one or more locations within the County of Sacramento.
9A majority of the membership of the governing body shall
10constitute a quorum for the transaction of the business of the
11conservancy. If a quorum is present, a majority vote of the
12members present is sufficient to transact the business of the
13governing board. Meetings of the governing board shall be open
14to the public and subject to the Bagley-Keene Open Meeting Act
15 (Article 9 (commencing with Section 11120) of Chapter 1 of Part
161 of Division 3 of Title 2 of the Government Code).
The governing board shall adopt rules and procedures
18necessary to conduct its business.
begin deleteThe conservancy end deleteshall do all of the following:
22(a) Coordinate its activities with the County of Sacramento,
23each city that includes a portion of the American River Parkway,
24appropriate local and regional flood control districts, and relevant
26(b) Prior to approving
funding for any project, do both of the
28(1) Consult with the County of Sacramento as to whether the
begin delete conservancy’send delete proposed actions
30 are consistent with the American River Parkway Plan.
31(2) Draft a staff report that includes all findings, written
32comments, and reports submitted by the County of Sacramento
33and the Parkway Manager as to whether the
begin delete conservancy’send delete
34 actions are consistent with the American River Parkway Plan.
35(c) Administer any moneys appropriated to the
begin delete conservancyend delete
36 or any revenues generated by the
begin delete conservancy.end delete
38(d) Provide funding and assistance to the County of Sacramento
39for the development, update, adoption, and implementation of a
40natural resource management plan for the American River Parkway,
P9 1and grants to other local agencies and nonprofit organizations
2whose projects are approved by the County of Sacramento for
3implementation of that plan.
4(e) Prior to providing funding for any acquisition project within
5the American River Parkway, require and ensure that title to the
6lands to be acquired shall be held by the County of Sacramento.
Consistent with the American River Parkway Plan, the
begin delete conservancyend delete may do any of
15(a) Provide grants to local public agencies and nonprofit
16organizations to be used for one or more of the following purposes:
17(1) The acquisition, restoration, enhancement, and maintenance
18 of fish and wildlife habitat and other natural resources, including
19resources impacted by wildfire, within and adjacent to the
20American River Parkway.
begin delete Any land acquisition funded
21to this paragraph shall be subject to subdivision (e) of Section
23(2) The improvement and expansion of public access,
24recreational areas, and recreational facilities, including
begin delete trails.end delete
27(3) The enhancement of interpretive and educational facilities
28related to the American River Parkway and its natural, cultural,
29and historic resources.
30(4) The control and removal of invasive species and the
begin delete propogationend delete of native species.
32(b) Improve and enhance lands within and adjacent to the
33American River Parkway.
35(c) Design, implement, and provide grants to local agencies and
36nonprofit organizations for
begin delete both of the following:end delete
37(1) Stormwaterend delete
38 capture and treatment projects to improve the quality
39of water that flows within and into the American River
begin delete Parkway.end delete
P10 1projects may include lands within and adjacent to the American
2River Parkway and its tributaries downstream of the Nimbus Dam
3and within Sacramento County.
4(2) Projects to enhance fish and wildlife habitat and increase
6(d) Solicit grants, donations of in-kind services, and other
7contributions from federal, state, and private sources for the
8purposes of this
begin delete division.end delete
9(e) Establish necessary advisory boards or committees related
10to the purposes of this division.
begin deleteThe conservancy end deleteshall not do any of the following:
14(a) Fund or implement projects on lands without the written
15consent of the landowner.
begin deleteRegulate end deletethe use of begin delete lands or
20(c) Levy any tax or special assessment.
21(d) Provide grants or take other actions that are inconsistent
22with the American River Parkway Plan, the Bushy Lake
23Preservation Act (Chapter 9 (commencing with Section 5830) of
24Division 5), or the Urban American River Parkway Preservation
25Act (Chapter 10 (commencing with Section 5840) of Division 5).
26(e) Own or acquire land.
The Lower American River Conservancy
33 Fund is hereby created in the State Treasury. Moneys in the fund
34shall be available, upon appropriation, for the purposes of this
begin delete division.end delete
begin deleteNothing in this act shall end delete
17supersede or diminish the existing authority of
begin delete eitherend delete of the
19(a) The County of Sacramento or any other entity responsible
20for the management, operation, maintenance, or protection of lands
21and resources within the American River Parkway.
22(b) The Sacramento County Board of Supervisors acting as the
23Parkway Manager pursuant to its authority to interpret and
24implement the American River Parkway Plan.