BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1716 Hearing Date: June 28,
2016
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|Author: |McCarty | | |
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|Version: |June 22, 2016 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: Lower American River Conservancy Program
BACKGROUND AND EXISTING LAW
1) Sacramento County established the American River Parkway
in 1959 with support from the state and other entities to
provide recreational, flood control, water supply, water
quality, and wildlife habitat to the greater Sacramento
region.
2) The American River Parkway is recognized in the Urban
American River Parkway Preservation Act and the Bushy Lake
Preservation Act.
3) The Lower American River Parkway was designated as part
of the California Wild and Scenic Rivers System and the
National Wild and Scenic Rivers system.
4) The American River Parkway Plan serves as the management
plan for the Lower American River under the California Wild
and Scenic Rivers Act.
5) The above-referenced statutes define the "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
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September 15, 2008, by Resolution No. 110-2008.
6) The "Lower American River" is defined to mean the
portion of the 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.
7) The Plan may be amended through a local amendment
process, provided such amendments are consistent with the
Plan.
PROPOSED LAW
This bill would establish the American River Conservancy Program
as a program within the Wildlife Conservation Board (WCB).
The Program would have an advisory board consisting of 3
supervisors from the County of Sacramento, two representatives
of the City of Sacramento, the mayor or a councilmemember from
the City of Rancho Cordova, and up to 4 representatives of state
agencies. The officials of the state agencies that may
participate include the Secretary of theNatural Resources
Agency, the Director of Finance, the Director of Parks and
Recreation, the Executive Officer of the State Lands Commission,
or their designees.
Three public members would also be on the advisory committee.
The advisory committee would be required to meet at least twice
a year, and its meetings are subject to the Bagley-Keen Open
Meeting Act.
The WCB is directed to coordinate its activities with the County
of Sacramento, each city that includes a portion of the American
River Parkway, and appropriate local and regional flood control
districts, and relevant state agencies.
Prior to approving any funding, the WCB must consult with the
county as to whether the proposed actions are consistent with
the Plan.
For projects that involve fee acquisition of lands, the WCB must
give preference to projects in which the county would either be
the fee owner or the long-term manager of the property.
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The WCB may provide grants to local public agencies and
nonprofit organizations for various acquisition and restoration
projects along the American River including those that expand
public access that does not have significant adverse impacts on
wildlife or wildlife habitat. It may also fund interpretative
and educational facilities related to the Parkway, and the
control of invasive species, and the propagation of native
species.
It may also provide stormwater capture and treatment grants.
The WCB is prohibited from funding projects on land with the
written consent of the landowner, and managing, regulating, or
controlling the use of any land owned or leased by another
public agency or private party except as provided pursuant to a
written agreement with such agency or party. It may also not
levy any tax or special assessment, or provide any grants or
take other actions inconsistent with the above-referenced
statutes. It may also not own or acquire land.
The board, to the extent feasible, shall use the California
Conservation Corps or a community conservation corps for
projects.
The Lower American River Conservancy Program Fund is
established.
Land management remains the responsibility of the County of
Sacramento or another responsible entity, and not that of the
WCB.
ARGUMENTS IN SUPPORT
According to the author, the American River and the American
River Parkway are vitally important to the people, economy, and
culture of Sacramento and West Sacramento, and other communities
in Sacramento County.
The Parkway encompasses 5,000 acres of riverfront accessible by
cyclists and pedestrians. Nearly 8 million people visit the
Parkway each year generating $364 million for the local economy.
It is particularly important in the Sacramento region to
recognize the importance of urban rivers to promote the health
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and welfare of a modern city. The Parkway not only provides
physical exercise such as hiking, fishing, and bicycling, but
much of the Parkway provides an opportunity to be in a natural
setting only minutes from urban congestion.
The City of Sacramento points out that as a program of the WCB,
the American River would be eligible for additional funding. It
states that of the $740 million of state bond and general funds
allocated to rivers since 1996, $660 million has gone to rivers
with state conservancies, but the American River has received
only $3 million.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
1. In discussions with the author, the bill was changed
from a new conservancy to a program within the WCB both to
reduce costs, to avoid creating a new state agency, and to
rely on the expertise of the WCB to help local
jurisdictions with a locally and regionally important piece
of public infrastructure that provides multiple benefits to
the region.
2. The provision in the bill that makes it optional whether
to designate specified state officials as members of the
advisory board should be changed. Instead, the bill should
require those officials to be invited to participate,
leaving the final decision up to those officials.
(Amendment 1.)
3. Amendments 2-3 correct inadvertent drafting errors that
were caught by the author and the bill's supporters and
underscore that the land management functions remain with
the county. Amendment 4 is a technical correction.
4. Staff would note that the support letters were received
prior to the recent amendments changing the bill from a
conservancy to a program within the WCB.
SUGGESTED AMENDMENTS
AMENDMENT 1
Make change pursuant to Comment 2.
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AMENDMENT 2
In section 1482(e) delete amendment and restore original
language which reads: "(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."
AMENDMENT 3
In Sec. 1483(a) (1) remove amendment to restore prior
language: "(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."
AMENDMENT 4
In Sec. 1483 (a) (2) remove amendment to restore prior language:
"(2) The improvement and expansion of public access facilities
access, recreational areas, and recreational facilities ,
including trails.
SUPPORT
American River Parkway Foundation
Audubon California
California Association of Local Conservation Corps
California Trout
City of Sacramento
County of Sacramento
Friends of the River
Insurance Commissioner Dave Jones
Planning and Conservation League
Regional Water Authority
Sacramento Area Bicycle Advocates
Sacramento Environmental Commission
Sacramento Regional Conservation Corps
Save the American River Association
Sierra Club California
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The River District Business Association
Two individuals
OPPOSITION
None Received
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