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