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  ****