Bill Text: CA AB1716 | 2015-2016 | Regular Session | Chaptered
Bill Title: Lower American River Conservancy Program.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2016-09-16 - Chaptered by Secretary of State - Chapter 375, Statutes of 2016. [AB1716 Detail]
Download: California-2015-AB1716-Chaptered.html
BILL NUMBER: AB 1716 CHAPTERED
BILL TEXT
CHAPTER 375
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2016
APPROVED BY GOVERNOR SEPTEMBER 16, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 26, 2016
INTRODUCED BY Assembly Members McCarty and Cooley
(Coauthor: Senator Pan)
JANUARY 27, 2016
An act to add Chapter 10.5 (commencing with Section 5845) to
Division 5 of the Public Resources Code, relating to the Lower
American River, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1716, McCarty. Lower American River Conservancy Program.
The Urban American River Parkway Preservation Act adopts the
American River Parkway Plan to provide coordination among
governmental agencies in the protection and management of the natural
land, water, native wildlife, and vegetation of the American River
Parkway and requires actions of state and local agencies with regard
to land use decisions be consistent with the plan, as provided.
Existing law establishes the Wildlife Conservation Board within the
Department of Fish and Wildlife and requires the board to
investigate, study, and determine areas in the state that are most
suitable for certain wildlife-related purposes.
This bill would require the board to implement and administer the
Lower American River Conservancy Program to receive and expend moneys
for the benefit of the Lower American River and related lands by,
among other things, providing grants to local public agencies and
nonprofit organizations for projects benefiting the Lower American
River. The bill would require the board to establish an advisory
committee, as specified. The bill would establish the Lower American
River Conservancy Program Fund in the State Treasury and would make
moneys in the fund available, upon appropriation by the Legislature,
for purposes of the program. The bill would authorize the board to
accept moneys, grants, goods or services contributed to it by public
agencies, or private entities or persons and would require those
moneys be deposited in the Donation Account, which the bill would
establish in the fund. The bill would continuously appropriate the
moneys in the account to the board for purposes of the program,
thereby making an appropriation. The bill would authorize the board
to use goods and services contributed by public agencies or private
entities or persons.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.5 (commencing with Section 5845) is added to
Division 5 of the Public Resources Code, to read:
CHAPTER 10.5. LOWER AMERICAN RIVER CONSERVANCY PROGRAM
5845. This chapter shall be known, and may be cited, as the Lower
American River Conservancy Program Act.
5845.1. (a) The Legislature finds and declares all of the
following:
(1) The Lower American River is one of California's most important
natural environments, providing recreational, environmental, and
educational opportunities to more than 8,000,000 visitors each year.
It also serves as a unique urban greenbelt composed of more than
5,000 acres and lying immediately next to and within two incorporated
cities and the unincorporated County of Sacramento.
(2) The American River Parkway includes natural and recreational
resources of statewide interest and is often referred to as "the
jewel" of the Sacramento region, and it is managed as such with an
intent to fulfill the vision set forth through past collaborative
efforts involving advocates and stakeholders, the County of
Sacramento, state agencies, and the Legislature.
(3) The American River Parkway was established by the County of
Sacramento, with financial support from the state and other public
and private entities.
(4) Since establishing the American River Parkway in 1959, the
County of Sacramento has and will continue to update, maintain, and
determine consistency with the American River Parkway Plan and to
serve as the Parkway Manager to own, manage, operate, and patrol the
lands and resources within the American River Parkway.
(5) The American River Parkway provides additional benefits to the
state and the Sacramento region including flood control, water
supply, water quality, habitat for anadromous fisheries, including
salmon and steelhead, habitat for migratory waterfowl, habitat for
sensitive species, including Swainson's hawks, peregrine falcons,
northern harriers, white-tailed kites, and western pond turtles, and
habitat for other wildlife, including river otters.
(6) The Legislature recognized the statewide importance of the
American River Parkway in enacting the Urban American River Parkway
Preservation Act (Chapter 10 (commencing with Section 5840)), which
culminated with the adoption of the American River Parkway Plan and
the Bushy Lake Preservation Act (Chapter 9 (commencing with Section
5830)).
(7) The statewide and national importance of the Lower American
River Parkway was further recognized when it was designated as part
of the California Wild and Scenic Rivers System and the National Wild
and Scenic Rivers System. The American River Parkway Plan acts as
the management plan for the lower American River under the California
Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section
5093.50)), providing management guidance and direction for state
departments and agencies, as well as local governments, in carrying
out their responsibilities under that act.
(8) The state has an interest in working with local agencies to
expand, enhance, and restore the natural, recreational, cultural, and
educational resources in and adjacent to the American River Parkway.
(9) The establishment of the Lower American River Conservancy
Program will provide a state partner to work cooperatively with local
agencies, particularly the County of Sacramento in its role as the
Parkway Manager, and nonprofit organizations to help fund projects
and provide grants to restore, enhance, interpret, protect, and
improve public access to the American River Parkway's natural,
recreational, educational, and cultural resources.
(b) It is the intent of the Legislature that the Lower American
River Conservancy Program be a continuation of the state's historic
role in providing funding to advance the protection and restoration
of the natural resources of the Lower American River while continuing
the County of Sacramento's historic role in managing the lands and
public uses of the American River Parkway.
5845.2. For purposes of this chapter, the following definitions
apply:
(a) "Adjacent to" means downstream of the Nimbus Dam and next to
or in the immediate vicinity of the American River Parkway.
(b) "Advisory committee" means the advisory committee established
pursuant to Section 5845.4.
(c) "American River Parkway" means those portions of the area
described in the American River Parkway Plan between the Nimbus Dam
and the confluence of the American River with the Sacramento River.
(d) "American River Parkway Plan" has the same meaning as in
subdivision (a) of Section 5841.
(e) "Board" means the Wildlife Conservation Board established
pursuant to Section 1320 of the Fish and Game Code.
(f) "Fund" means the Lower American River Conservancy Fund
established pursuant to Section 5845.9.
(g) "Nonprofit organization" means a private, nonprofit
organization, with nonprofit status acknowledged by the United States
Internal Revenue Service, that qualifies under Section 501(c)(3) of
the Internal Revenue Code, as amended, and that has among its
principal charitable purposes the preservation, restoration, or
interpretation of land for scientific, historic, educational,
recreational, scenic, or open-space purposes, the protection of the
natural environment or biological resources, or both, or the
preservation or enhancement of wildlife, or both.
(h) "Parkway Manager" means the Sacramento County Board of
Supervisors or its designee.
(i) "Program" means the Lower American River Conservancy Program
established pursuant to Section 5845.3.
5845.3. (a) The board shall implement and administer the Lower
American River Conservancy Program, which is hereby created to
receive and expend proceeds from bonds or other appropriations made
in the annual Budget Act or other statutes for the benefit of the
American River Parkway and related lands.
(b) In administering the program, the board shall prioritize
expending moneys to develop and implement a natural resource
management plan and to improve access to, and protection and
restoration of, the American River Parkway.
5845.4. (a) The board shall establish an advisory committee
consisting of the following members:
(1) Three members of the Board of Supervisors of the County of
Sacramento, selected by a majority vote of the board of supervisors,
or their designees.
(2) Two representatives of the City of Sacramento, which may
include the Mayor and one member of the City Council of the City of
Sacramento, or two members of the city council, selected by a
majority vote of the city council, or their designees.
(3) The Mayor or a member of the City Council of the City of
Rancho Cordova, selected by a majority vote of the city council, or
his or her designee.
(4) Representatives from the Natural Resources Agency, the
Department of Finance, and the State Lands Commission.
(5) Three members from the public at large who have a demonstrated
knowledge of and expertise in the American River Parkway and the
American River Parkway Plan. One member shall be appointed by the
Governor, one member shall be appointed by the Senate Committee on
Rules, and one member shall be appointed by the Speaker of the
Assembly.
(b) A person shall not continue as a member of the advisory
committee if that person ceases to hold the office that qualifies
that person for membership. In that event, the person's membership on
the advisory committee shall automatically terminate.
(c) Members of the advisory committee shall serve without
compensation.
(d) The advisory committee shall meet at least twice each calendar
year at one or more locations in the County of Sacramento.
(e) Meetings of the advisory committee shall be open to the public
and subject to the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
5845.5. In implementing the program, the board shall do all of
the following:
(a) Coordinate its activities with the County of Sacramento, each
city that includes a portion of the American River Parkway,
appropriate local and regional flood control districts, and relevant
state agencies.
(b) Prior to approving funding for any project, do both of the
following:
(1) Consult with the County of Sacramento as to whether the board'
s proposed actions pursuant to this chapter are consistent with the
American River Parkway Plan.
(2) Draft a staff report that includes all findings, written
comments, and reports submitted by the County of Sacramento and the
Parkway Manager as to whether the board's actions are consistent with
the American River Parkway Plan.
(c) Administer any moneys appropriated to the board for the
program or any revenues generated by the board pursuant to the
program.
(d) Provide funding and assistance to the County of Sacramento for
the development, update, adoption, and implementation of a natural
resource management plan for the American River Parkway, and grants
to other local agencies and nonprofit organizations whose projects
are approved by the County of Sacramento for implementation of that
plan.
(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 or
another local public entity willing to hold title to those lands.
5845.6. Consistent with the American River Parkway Plan, the
board, in administering the program, may do any of the following:
(a) Provide grants to local public agencies and nonprofit
organizations to be used for one or more of the following purposes:
(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 5845.5.
(2) The improvement and expansion of public access, recreational
areas, and recreational facilities, including trails.
(3) The enhancement of interpretive and educational facilities
related to the American River Parkway and its natural, cultural, and
historic resources.
(4) The control and removal of invasive species and the
propagation of native species.
(b) Improve and enhance lands within and adjacent to the American
River Parkway. Projects funded on adjacent lands shall contribute to
the advancement of American River Parkway values.
(c) Design, implement, and provide grants to local agencies and
nonprofit organizations for stormwater capture and treatment projects
to improve the quality of water that flows within and into the
American River Parkway and to increase habitat for fish and wildlife.
Stormwater projects may include lands within and adjacent to the
American River Parkway and its tributaries downstream of the Nimbus
Dam and within Sacramento County.
(d) Solicit grants, donations of in-kind services, and other
contributions from federal, state, and private sources for the
purposes of this chapter.
5845.7. In administering the program, the board shall not do any
of the following:
(a) Fund or implement projects on lands without the written
consent of the landowner.
(b) Manage, regulate, or control the use of any land owned or
leased by another public agency or private party, except as provided
pursuant to a written agreement between that public agency or private
party.
(c) Levy any tax or special assessment.
(d) Provide grants or take other actions that are inconsistent
with the American River Parkway Plan, the Bushy Lake Preservation Act
(Chapter 9 (commencing with Section 5830) of Division 5), or the
Urban American River Parkway Preservation Act (Chapter 10 (commencing
with Section 5840) of Division 5).
(e) Own or acquire land.
5845.8. To the extent feasible, in administering the program, the
board shall give preference to projects that utilize the services of
the California Conservation Corps or Community Conservation Corps,
as defined in Section 14507.5.
5845.9. (a) The Lower American River Conservancy Program Fund is
hereby created in the State Treasury. Moneys in the fund shall be
available, upon appropriation, for the purposes of this chapter.
Moneys received by the board pursuant to this chapter shall be
deposited in the fund, unless otherwise provided by the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code). The board
shall administer the moneys appropriated to it for the program and
may expend those moneys for capital improvements, land acquisition,
support for the program's operations, and other purposes consistent
with this chapter.
(b) (1) The board may accept money, grants, goods, or services
contributed to it by a public agency or a private entity or person.
Moneys received pursuant to this paragraph shall be deposited in the
Donation Account, which is hereby established in the fund.
(2) Notwithstanding Section 13340 of the Government Code, moneys
in the account are hereby continuously appropriated, without regard
to fiscal year, to the board for the purposes of this chapter.
(3) Upon receipt of goods and services pursuant to paragraph (1),
the board may use those goods and services for the purposes of this
chapter.
5845.10. This chapter does not supersede or diminish the existing
authority of any of the following:
(a) The County of Sacramento or any other entity responsible for
the management, operation, maintenance, or protection of lands and
resources within the American River Parkway.
(b) The Sacramento County Board of Supervisors acting as the
Parkway Manager pursuant to its authority to interpret and implement
the American River Parkway Plan.
(c) The board pursuant to other law.
