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 ----------------------------------------------------------------- |Author: |McCarty | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |June 22, 2016 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|William Craven | | | | ----------------------------------------------------------------- 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 AB 1716 (McCarty) Page 2 of ? 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. AB 1716 (McCarty) Page 3 of ? 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 AB 1716 (McCarty) Page 4 of ? 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. AB 1716 (McCarty) Page 5 of ? 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 publicaccess facilitiesaccess, 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 AB 1716 (McCarty) Page 6 of ? The River District Business Association Two individuals OPPOSITION None Received -- END --