BILL ANALYSIS Ó AB 1716 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1716 (McCarty and Cooley) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |59-20 |(June 1, 2016) |SENATE: |27-12 |(August 23, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: NAT. RES. SUMMARY: Requires the Wildlife Conservation Board (WCB) to implement and administer a Lower American River Conservancy Program to receive and expend moneys for the benefit of the Lower American River, in consultation with an advisory committee. The Senate amendments: 1)Remove the provision creating a new Lower American River state conservancy, and instead creates a Lower American River Conservancy Program to receive and expend bonds or other appropriations for the benefit of the American River Parkway, and requires the WCB to implement and administer the program. 2)Require the WCB in administering the program to prioritize AB 1716 Page 2 expenditures to develop and implement a natural resource management plan and to improve access to and protection and restoration of the American River Parkway. 3)Require the WCB to establish an advisory committee consisting of specified members as follows: a) Three members of the Sacramento County Board of Supervisors or their designees; b) Two representatives of the City of Sacramento, including the mayor or city council members, or their designees; c) One member of the city council or mayor of Rancho Cordova or designee. d) Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission. e) Three members from the public at large with demonstrated knowledge of and interest in the American River Parkway and the American River Parkway Plan. Requires that one of the public members shall be appointed by the Governor, one by the Senate Rules Committee, and one by the Speaker of the Assembly. 4)Require the WCB in implementing the program to: a) Coordinate with the County of Sacramento and each city along the Parkway, local and regional flood control districts, and relevant state agencies. b) Prior to approving any project for funding, consult with AB 1716 Page 3 the County of Sacramento as to whether the proposed action is consistent with the American River Parkway Plan, and prepare a staff report containing all information submitted by the County of Sacramento as to whether the action is consistent. c) Provide funding and assistance to the County of Sacramento for a natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations as approved by the County of Sacramento for implementation of the plan. d) Require, for any acquisitions that are funded within the American River Parkway, that the title shall be held by the County of Sacramento or another local public entity willing to hold title. 5)Authorize the WCB in administering the program to: a) Provide grants to local agencies and nonprofits for acquisition, restoration, enhancement and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildfire, for the improvement and expansion of public access and recreation including trails, for interpretive and educational facilities, and for control of invasive species and propagation of native species. b) Improve and enhance lands within and adjacent to the American River Parkway c) Provide grants to local agencies for storm water capture and treatment projects to improve water quality of the American River Parkway and increase habitat for fish and wildlife downstream of the Nimbus Dam and within Sacramento County. AB 1716 Page 4 d) Solicit grants, donations and in-kind services from other sources for these purposes. 6)Prohibit the WCB in administering the program from doing any of the following: a) Funding or implementing projects without written consent of the landowner. b) Manage lands owned by another entity except per written agreement with that entity. c) Levy any tax or special assessment. d) Provide any grants or take any actions inconsistent with the American River Parkway Plan, the Bushy Lake Preservation Act, or the Urban American River Parkway Preservation Act. e) Own or acquire land. 7)Require the WCB to give preference to projects that use the services of the California Conservation Corps or Community Conservation Corps to the extent feasible. 8)Create the Lower American River Conservancy Program Fund and make any moneys in the fund available upon appropriation for the purposes of the program. Also authorizes the WCB to accept contributions to be deposited in a Donation Account in the Fund. Moneys in the Donation Account would be continuously appropriated to the WCB for purposes of the program. AB 1716 Page 5 9)Modify the legislative findings and declarations to: a) Acknowledge the role of Sacramento County in the American River Parkway Plan and in management of the Parkway. b) Reference several instances in which the Legislature has recognized the statewide and national significance of the Lower American River Parkway, including its designation as a wild and scenic river and the function of the American River Parkway Plan as the management plan for the river. c) State legislative intent that the Lower American River Conservancy Program continue the state's historic role in funding the protection and management of the natural resources of the Lower American River, and Sacramento County's role in managing the lands and uses of the Parkway. 10)Revise and add definitions, including: a) Define adjacent to mean downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway. b) Define American River Parkway as those portions of the area described in the American River Parkway Plan between Nimbus Dam and the confluence of the American and Sacramento Rivers. c) Define the Sacramento County Board of Supervisors as the Parkway manager. AB 1716 Page 6 11)Provide that nothing in this bill supersedes or diminishes the existing authority of the County of Sacramento to manage the lands and resources of the American River Parkway and to interpret and implement the American River Parkway Plan. EXISTING LAW: 1)Establishes the WCB which is responsible for administering a capital outlay program for wildlife conservation and related public recreation. The WCB's three main functions are land acquisition, habitat restoration and development of wildlife oriented public access facilities, which are carried out through its programs. 2)Defines 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 September 15, 2008, by Resolution No. 110-2008. 3)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. 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. Requires land use decisions of state and local agencies to be consistent with the Plan. 5)Prohibits the codification of the Plan from doing any of the following: AB 1716 Page 7 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. 6)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 be conducted by the Sacramento County Board of Supervisors through a process outlined in the Plan. 7)Declares it is the intent of the Legislature that the duties and responsibilities required by adoption of the Plan shall be accomplished by utilizing existing staff resources and that no additional funding shall be provided other than that which is appropriated by the Legislature in the annual Budget Act. 8)Designates the Lower American River Parkway as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers system. The American River Parkway Plan serves as the management plan for the Lower American River under the California Wild and Scenic Rivers Act. AB 1716 Page 8 9)Establishes 10 conservancies in the Natural Resources Agency to acquire, manage, direct the management of, and conserve public lands in the state. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)Approximately $300,000 (special fund) in costs for the WCB. 2)Significant cost pressures (various special funds) to fund programs and projects in the program area within existing resources. COMMENTS: 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 in the greater Sacramento region. The American River Parkway is recognized in state law in the Urban American River Parkway Preservation Act and the Bushy Lake Preservation Act. This bill as passed by the Assembly proposed to create a new state conservancy called the Lower American River Conservancy. As amended in the Senate, this bill instead creates a new program to benefit the Lower American River Parkway that would be administered by the WCB, with assistance from an advisory committee consisting primarily of local Sacramento area representatives. The program responsibilities and duties that would have been carried out by the new conservancy would instead be administered by the WCB. The WCB would be required to consult with Sacramento County in carrying out the program, and to ensure that any projects funded through the program are consistent with the Lower American River Parkway Plan. The program created by this bill is different in several aspects from other existing programs administered by the WCB. The WCB's AB 1716 Page 9 existing programs consist primarily of statewide habitat and resource programs, whereas this program would be focused specifically on one defined geographic region. This bill would also require the WCB to coordinate closely with Sacramento County as the program manager for the Lower American River Parkway. The author of this bill notes that despite its location and opportunities for both access and environmental benefits, the Lower American River has missed out on opportunities for improvements. According to the author, creating a state conservancy program would create a framework to bring together the diverse stakeholders, including the state, to make decisions on the best way to improve and protect the Lower American River and take action to make those improvements. While this bill creates the Lower American River Conservancy Program within the WCB, the scope of the program will depend largely on the amount of future appropriations approved for the program. Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0004775