BILL ANALYSIS Ó
AB 1716
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Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1716
(McCarty) - As Introduced January 27, 2016
SUBJECT: Lower American River Conservancy
SUMMARY: Establishes the Lower American River Conservancy in
the Natural Resources Agency (NRA), which is created for the
purpose of receiving and expending proceeds from bonds or other
appropriations for the benefit of the American River Parkway
(Parkway).
EXISTING LAW:
1)Establishes 10 conservancies in NRA to acquire, manage, direct
the management of, and conserve public lands in the state.
2)Defines "American River Parkway Plan" (Plan) to mean the
management plans for the Lower American River adopted by the
County of Sacramento on September 10, 2008, by Resolution No.
2008-0946, and by the City of Sacramento on November 6, 2008,
by Resolution No. 2008-731, and endorsed by the City of Rancho
Cordova on September 15, 2008, by Resolution No. 110-2008.
3)Defines "Lower American River" to mean the portion of the
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American River between Nimbus Dam and the confluence of the
American River with the Sacramento River and the adjacent
lands as described in the Plan.
4)Declares that the Legislature has adopted the Plan in order to
provide coordination with local agencies in the protection and
management of the Parkway.
5)Requires land use decisions of state and local agencies to be
consistent with the Plan.
6)Prohibits the codification of the Plan from doing any of the
following:
a) Impair the authority and responsibility of the state or
local public agencies to maintain and operate the flood
channel, levees, and pump stations;
b) Affect the existing authority of the City of Sacramento
to litigate the validity or application of the Plan;
c) Prohibit reasonable expansion of the water treatment
facility operated by the City of Sacramento;
d) Impair the authorities and responsibilities of state
agencies in managing the California Exposition flood plain
or Bushy Lake Area; and,
e) Affect existing water rights.
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7)Permits the Plan to be amended through a local amendment
process. Specifies that area plans can only be amended if
they are consistent with the plan. Specifies amendments to
area plans will conducted by the Sacramento County Board of
Supervisors through a process outlined in the Plan.
8)Declares it is the intent of the Legislature that the duties
and responsibilities required by adoption of the Plan be
accomplished by utilizing existing staff resources and that no
additional funding be provided other than that which is
appropriated by the Legislature in the annual Budget Act.
THIS BILL:
1)Makes various findings about the Parkway and Plan.
2)Declares that the Lower American River Conservancy can provide
a state partner to work cooperatively with local agencies,
particularly the County of Sacramento, and nonprofit
organizations to help fund projects and provide grants to
restore, enhance, interpret, protect, and increase public
access to the Parkway's natural, recreational, educational,
and cultural resources.
3)Establishes the Lower American River Conservancy for the
purpose of receiving and expending proceeds from bonds or
other appropriations for the benefit of the Parkway.
4)Requires the Conservancy to prioritize funding development and
implementation of a natural resources management plan and
improving access to and protection of the Parkway.
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5)Requires the Conservancy to have a 15 voting member governing
board (Board) that consists of:
a) Three members of the Sacramento County Board of
Supervisors;
b) Two representatives of the City of Sacramento;
c) One representative of the City of Rancho Cordova;
d) The Secretary of NRA, or his or her designee;
e) The Director of Finance, or his or her designee;
f) The Director of Parks and Recreation, or his or her
designee;
g) The Director of Fish and Wildlife, or his or her
designee;
h) The Executive Director of the Wildlife Conservation
Board, or his or her designee;
i) The Executive Officer of the State Lands Commission, or
his or her designee; and,
j) Three members of 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.
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6)Allows at-large Board members who are not full-time public
employees to be compensated for attendance at the rate of $100
per meeting.
7)Requires the Conservancy to do the following:
a) Coordinate its activities with the County of Sacramento,
each city that includes a portion of the Parkway,
appropriate local and regional flood control districts, and
relevant state agencies;
b) Administer any funds appropriated to the Conservancy or
any revenues generated by the Conservancy; and,
c) Provide grants to the County of Sacramento for the
development, update, adoption, and implementation of a
natural resources management plan for the Parkway, and to
other local agencies and nonprofit organizations whose
projects are approved by the parkway manager for
implementation of a natural resources management plan.
8)Allows the Conservancy, if consistent with the Plan, to do any
of the following:
a) Provide grants to local public agencies and nonprofit
organizations whose projects are approved by the parkway
manager for the following purposes:
i) Acquisition, restoration, enhancement, and
maintenance of fish and wildlife habitat and other
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natural resources, including resources impacted by
wildlife;
ii) Improvement and expansion of public access
facilities, including trails; and,
iii) Enhancement of interpretive and educational
facilities related to the Parkway.
b) Improve and enhance lands in or adjacent to the Parkway.
c) Design, implement, and provide grants to local agencies
and nonprofit organizations for projects that have multiple
benefits, including stormwater capture, water quality
improvements, improved recreational areas, and increased
water supply.
d) Solicit grants, donations of in-kind services, and other
contributions from federal, state, and private sources.
e) Establish necessary advisory boards or committees.
9)Prohibits the Conservancy from doing 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 not under the
jurisdiction of the conservancy;
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c) Levy any tax or special assessment;
d) Provide grants or take other actions that are
inconsistent with the Plan, including a project determined
by the Board of Supervisors of the County of Sacramento as
inconsistent with the Plan; and,
e) Own or acquire land.
10)Creates the Lower American River Conservancy Fund.
11)Declares that nothing in this bill will supersede or diminish
the existing authority of the County of Sacramento or any
other entity with responsibilities on the Parkway.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's statement:
Despite its location and opportunities for both access
and environmental benefits, the Lower American River
has missed out on opportunities for improvements.
Creating a state conservancy would create a framework
to bringing together the diverse stakeholders,
including the state, to make decisions on the best way
to improve and protect the Lower American and take
action to make those improvements.
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2)Conservancies. There are ten Conservancies in the NRA, which
include the Baldwin Hills, Tahoe, Coachella Valley Mountains,
Sacramento/San Joaquin Delta (Delta), San Diego River, San
Gabriel & Lower Los Angeles Rivers & Mountains, San Joaquin
River, Santa Monica Mountains, Sierra Nevada, and Coastal.
These conservancies have different missions, but common themes
are to enhance and restore important habitat lands, provide
for public recreation, educational opportunities, and
undertake watershed restoration activities. Most
conservancies focus on strategic acquisition of land from
willing sellers in order to preserve the land. The
Legislature created the Santa Ana Conservancy and the San
Francisco Bay Conservancy within the Coastal Conservancy.
Originally, the authors creating these programs tried to
create new conservancies, but both authors later pursued
programs within the Coastal Conservancy to reduce the cost of
their legislation. None of the 10 existing conservancies
cover the Sacramento Valley. The Delta Conservancy borders
Sacramento, but does not include the Parkway.
3)This bill. This bill creates a different type of Conservancy.
The Conservancy is prohibited from acquiring land. In
addition, the Conservancy actions, which would primarily be
providing grants, are subject to approval in cases by the
parkway manager (a county employee) and others by the
Sacramento County Board of Supervisors. This is problematic
because a local government who has three members on the Board
of the Conservancy could prohibit the Conservancy as a whole
from funding projects or taking actions. This defeats the
purpose of a Board. The author and committee may wish to
amend the bill to remove the provisions giving Sacramento
County control over the Conservancy's actions. This bill both
prioritizes expending funds to develop a natural resource
management plan and requires the Conservancy to provide grants
to Sacramento County for the development, update, adoption,
and implementation of a natural resource management plan.
Sacramento County has been asked to create a natural resource
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management plan to identify the Parkway's resources, habitat
and ecosystems, and how to manage them. However, the
Conservancy has no allocated bond funding and therefore, would
only have staff funded by the general fund and whatever money
is appropriated through the budget. The Conservancy will be
unable to provide grants until another resource bond is passed
that allocates the Conservancy funding. The author and
committee may wish to amend the bill to allow the Conservancy
to provide assistance and funding to Sacramento County for
purposes of creating and completing the natural resource
management plan. The bill also prohibits the Conservancy from
owning or acquiring land, but allows the Conservancy to
regulate use of land or water under its jurisdiction. The
author and committee may wish to amend the bill to clarify
that the Conservancy cannot regulate the use of land or water.
4)Related/Prior Legislation
SB 1396 (Wolk) creates the Inner Coast Range Conservancy that
would include all or portions of the Counties of Colusa, Del
Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou,
Solano, Tehama, Trinity, and Yolo. This bill is awaiting
hearing in the Senate Appropriations Committee.
SB 1390 (Correa), Chapter 562, Statutes of 2014, establishes the
Santa Ana River Conservancy Program within the State Coastal
Conservancy to address the resource and recreational goals of
the Santa Ana River corridor.
REGISTERED SUPPORT / OPPOSITION:
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Support
Sacramento County Board of Supervisors (sponsor)
Audubon
California Association of Local Conservation Corps
California Trout
City of Sacramento
Friends of the River
Insurance Commissioner Dave Jones
Sacramento Area Bicycle Advocates
Sacramento County Recreation and Parks Commission
Sacramento Regional Conservation Corps
Save the American River Association
The River District Business Association
One individual
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092
AB 1716
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