Bill Text: CA AB1716 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1716	AMENDED
	BILL TEXT

	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  Division 22.2 (commencing with Section
32280) to   Chapter 10.5 (commencing with Section 5845)
to Division 5 of  the Public Resources Code, relating to the
Lower American  River Conservancy.   River, and
making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1716, as amended, McCarty. Lower American River 
Conservancy.   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 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,
upon receipt, to use goods and services contributed by public
agencies, or private entities or persons.  
   Existing law establishes various conservancies in the Natural
Resources Agency to acquire, manage, direct the management of, and
conserve public lands in the state.  
   This bill would create the Lower American River Conservancy in the
Natural Resources Agency to receive and expend proceeds from bonds
or other appropriations for the benefit of the American River
Parkway, as defined. The bill would create the Lower American River
Conservancy Fund in the State Treasury and would specify that moneys
in the fund shall be available, upon appropriation, for the purposes
of the conservancy, as provided. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Division 22.2 (commencing with
Section 32280) is added to the Public Resources Code, to read:

      DIVISION 22.2.  Lower American River Conservancy


   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 


    32280.   5845.   This  division
  chapter  shall be known, and may be cited, as
the Lower American River Conservancy  Program  Act.
    32280.1.   5845.1.    (a) 
  The Legislature finds and declares all of the following:

   (a) 
    (1)  The  lower   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. 
   (b) 
    (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.

   (c) 
    (3)  The American River Parkway was established by the
County of Sacramento, with financial support from the state and other
public and private entities. 
   (d) 
    (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.

   (e) 
    (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,  and 
habitat for migratory  waterfowl   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.
  wildlife, including river otters.  
   (f) 
    (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) of Division 5),   5840)),  which
culminated with the adoption of the American River Parkway Plan and
the Bushy Lake Preservation Act (Chapter 9 (commencing with Section
 5830) of Division 5).   5830)).  
   (g) 
    (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) of Division 5),  
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. 
   (h) 
    (8)  The state has an interest in assisting
  working with  local agencies  in
expanding, enhancing, and restoring   to expand,
enhance, and restore  the natural, recreational,  cultural,
 and educational resources in and adjacent to the American River
Parkway. 
   (i) 
    (9)  The establishment of the Lower American River
Conservancy  can   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. 
    32280.5.   5845.2.   For purposes of
this  division,   chapter,  the following
 terms have the following meanings:  
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.  
   (b) 
    (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. 
   (c) 
    (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.  
   (d) "Conservancy" means the Lower American River Conservancy
established by this division.  
   (e) "Governing board" means the governing board of the
conservancy.  
   (f) "Fund" means the Lower American River Conservancy Fund
established pursuant to Section 5845.9.  
   (f) 
    (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. 
   (g) 
    (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. 
    32281.   5845.3.   (a) The  board
shall implement and administer the  Lower American River
Conservancy  Program, which  is hereby created  in
the Natural Resources Agency  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.   Parkway and related lands. 
   (b)  To the extent permissible under this division, the
conservancy   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   to, and  protection  of 
 and restoration of,  the American River Parkway.
    32281.5.   5845.4.   (a) The 
governing  board shall  consist  
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.
   (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.
   (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.
   (4)  The Secretary of   Representatives from
relevant state agencies, including, but not limited to,  the
Natural Resources Agency,  or his or her designee. 
 the Department of Finance, the Department of Parks and
Recreation, and the State Lands Commission.  
   (5) The Director of Finance, or his or her designee. 

   (6) The Director of Parks and Recreation, or his or her designee.
 
   (7) The Director of Fish and Wildlife, or his or her designee.
 
   (8) The Executive Director of the Wildlife Conservation Board, or
his or her designee.  
   (9) The Executive Officer of the State Lands Commission, or his or
her designee.  
   (10) 
    (5)  Three members from the public  at large,
one appointed by the Governor, one appointed by the Senate Committee
on Rules, and one appointed by the Speaker of the Assembly. 
 who have a demonstrated knowledge of and expertise in the
American River Parkway and the American River Parkway Plan.

   (b) Public-at-large members appointed pursuant to paragraph (10)
of subdivision (a) may serve for one or more four-year terms. These
members shall have a demonstrated knowledge of and expertise in the
American River Parkway and the American River Parkway Plan. 

   (c) Members appointed pursuant to paragraphs (1) to (3),
inclusive, of subdivision (a) shall serve at the pleasure of their
appointing authority.  
   (d) All members of the governing board shall be voting members.
 
   (e) 
    (b)  A person shall not continue as a member of the
 governing board   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 
governing board   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).  
   32282.  The members of the governing board who are not full-time
public employees may be compensated for attendance at regular
meetings of the conservancy at the rate of one hundred dollars ($100)
per regular meeting, not to exceed 12 regular meetings a year. All
members of the governing board may be reimbursed the actual amount of
the reasonable and necessary expenditures incurred in attending
meetings of the conservancy and carrying out the duties of their
office.  
   32282.5.  The governing board shall elect from its own members a
chair and vice chair, whose terms of office shall be two years, and
who may serve more than one term. In the event of a vacancy, a new
chair or vice chair may be elected by the governing board before the
expiration of the two-year term to fill the remainder of that
two-year term.  
   32283.  The governing board shall meet at least once each quarter
at one or more locations within the County of Sacramento. A majority
of the membership of the governing body shall constitute a quorum for
the transaction of the business of the conservancy. If a quorum is
present, a majority vote of the members present is sufficient to
transact the business of the governing board. Meetings of the
governing board 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).  
   32284.  The governing board shall adopt rules and procedures
necessary to conduct its business. 
    32285.   5845.5.    The
conservancy   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
 conservancy's   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  conservancy's 
 board's  actions are consistent with the American River
Parkway Plan.
   (c) Administer any moneys appropriated to the  conservancy
  board for the program or any revenues generated
by the  conservancy.   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.
 
   (e) For projects that involve fee acquisition of lands within the
American River Parkway, give preference to projects in which the
County of Sacramento would be either the fee owner or the long-term
manager of the property. 
    32286.   5845.6.   Consistent with the
American River Parkway Plan, the  conservancy  
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 32285.

   (2) The improvement and expansion of public access, recreational
areas, and recreational facilities, including  trails.
  trails, in a manner that does not have significant
adverse impacts on wildlife or wildlife habitat. 
   (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 
propogation   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  both of the following: 

   (1) Stormwater 
    stormwater  capture and treatment projects to improve
the quality of water that flows within and into the American River
 Parkway.   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. 
   (2) Projects to enhance fish and wildlife habitat and increase
open space. 
   (d) Solicit grants, donations of in-kind services, and other
contributions from federal, state, and private sources for the
purposes of this  division.   chapter. 

   (e) Establish necessary advisory boards or committees related to
the purposes of this division. 
    32287.   5845.7.    The
conservancy   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)  Regulate   Manage,   regulate,
or control  the use of  lands or waters.  
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. 
    32290.   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 
division.   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. 
    32291.   5845.10.    Nothing in
this act shall   This chapter does not  supersede
or diminish the existing authority of  either 
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.