BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1716| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1716 Author: McCarty (D) and Cooley (D), et al. Amended: 8/2/16 in Senate Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 6-2, 6/28/16 AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning NOES: Stone, Vidak NO VOTE RECORDED: Wolk SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 59-20, 6/1/16 - See last page for vote SUBJECT: Lower American River Conservancy Program SOURCE: Author DIGEST: This bill establishes the American River Conservancy Program within the Wildlife Conservation Board. ANALYSIS: Existing law: 1) Recognizes the American River Parkway (Parkway) in both the Urban American River Parkway Preservation Act and the Bushy AB 1716 Page 2 Lake Preservation Act. The Parkway was established in 1959 by Sacramento County to provide recreational, flood control, water supply, water quality, and wildlife habitat to the greater Sacramento region. 2) Designates the Lower American River as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System. 3) Requires the American River Parkway Plan (Plan) to serve as the management plan for the Lower American River under the California Wild and Scenic Rivers Act. 4) Defines the "American River Parkway 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. 5) Defines the "Lower American River" 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. 6) Allows the Plan to be amended through a local amendment process, provided such amendments are consistent with the Plan. This bill: 1) Establishes the American River Conservancy Program as a program within the Wildlife Conservation Board (WCB). 2) Creates an advisory board consisting of three supervisors AB 1716 Page 3 from the County of Sacramento, two representatives of the City of Sacramento, the mayor or a councilmemember from the City of Rancho Cordova, and the Secretary of the Natural Resources Agency, the Director of Finance, the Director of Parks and Recreation, the Executive Officer of the State Lands Commission, or their designees. 3) Includes three public members on the advisory committee. 4) Requires the advisory committee to meet at least twice a year, and its meetings are subject to the Bagley-Keen Open Meeting Act. 5) Directs the WCB to coordinate its activities with the County of Sacramento, each city that includes a portion of the Parkway, and appropriate local and regional flood control districts, and relevant state agencies. 6) Requires the WCB to consult with the County as to whether the proposed actions are consistent with the Plan prior to expending funds. 7) Provides that 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. 8) Provides that 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 and it may also provide stormwater capture and treatment grants. AB 1716 Page 4 9) Provides that 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. 10)Requires the WCB, to the extent feasible, to use the California Conservation Corps or a community conservation corps for projects. 11)Establishes the Lower American River Conservancy Program Fund. 12)Retains in the County the responsibility of the County of Sacramento or another responsible entity to land management, and not the WCB. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: No According to Senate Appropriations Committee, approximately $300,000 (special fund) to the WCB with other significant costs pressures (various special funds) to fund programs and projects in the program area within existing resources. SUPPORT: (Verified8/11/16) American River Parkway Foundation Audubon California AB 1716 Page 5 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 The River District Business Association Two individuals OPPOSITION: (Verified8/11/16) None received 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 eight 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 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 AB 1716 Page 6 with state conservancies, but the American River has received only $3 million. ASSEMBLY FLOOR: 59-20, 6/1/16 AYES: Alejo, Travis Allen, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Rendon NOES: Achadjian, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Kim, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner NO VOTE RECORDED: Linder Prepared by:William Craven / N.R. & W. / (916) 651-4116 8/15/16 20:26:54 **** END ****