AB 1716: Lower American River Conservancy Program.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-16
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.
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.
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, upon receipt, to use goods and services contributed by public agencies, or private entities or persons.
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.
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.
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, Treasury and would specify that moneys in the fund shall be available, upon appropriation, for the purposes of the conservancy. conservancy, as provided.
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 establish in the Natural Resources Agency 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.
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 establish in the Natural Resources Agency the Lower American River Conservancy 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.
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 Californias 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 Swainsons 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 Parkways 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 states 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 Sacramentos 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 persons 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 boards 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 boards 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 programs 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.
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 Californias 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 Swainsons 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 Parkways 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 states 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 Sacramentos 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 persons 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 boards 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 boards 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 programs 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.
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 Californias 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 Swainsons 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 Parkways 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 states 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 Sacramentos 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. 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. 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. council, or his or her designee.
(4)Representatives from the Natural Resources Agency, the Department of Finance, the Department of Parks and Recreation, 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 persons 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 boards 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 boards 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. 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 programs 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.
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 Californias 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 Swainsons 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 Parkways 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 states 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 Sacramentos 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.
(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)Representatives from relevant state agencies, including, but not limited to, the Natural Resources Agency, the Department of Finance, the Department of Parks and Recreation, and the State Lands Commission.
(5)Three members from the public who have a demonstrated knowledge of and expertise in the American River Parkway and the American River Parkway Plan.
(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 persons 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 boards 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 boards 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)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.
(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.
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, in a manner that does not have significant adverse impacts on wildlife or wildlife habitat. 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 programs 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.
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 Californias 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 Swainsons 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 Parkways 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 states 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 Sacramentos 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 persons 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 conservancys boards 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 conservancys boards 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 programs 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.
This division shall be known, and may be cited, as the Lower American River Conservancy Act.
32280.1.The Legislature finds and declares all of the following:
(a)The lower American River is one of Californias 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 adjacent next to and within two incorporated cities and the unincorporated County of Sacramento.
(b)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, and the Legislature.
(c)The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities.
(d)Since establishing it, the American River Parkway in 1959, the County of Sacramento has continued to 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 American River Parkways lands and resources. resources within the American River Parkway.
(e)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 and other wildlife.
(f)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), which culminated with the adoption of the American River Parkway Plan. Plan and the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5).
(g)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), providing management guidance and direction for state departments and agencies, as well as local governments, in carrying out their responsibilities under that act.
(g)
(h)The state has an interest in assisting local agencies in expanding, enhancing, and restoring the natural, recreational, and educational resources in and adjacent to the American River Parkway.
(h)
(i)The establishment of the Lower American River Conservancy can provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento, Sacramento in its role as the Parkway Manager, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and increase improve public access to the American River Parkways natural, recreational, educational, and cultural resources.
32280.5.For purposes of this division, the following terms have the following meanings:
(a)Adjacent to means downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway.
(a)
(b)American River Parkway means those portions of the area described in the American River Parkway Plan. Plan between the Nimbus Dam and the confluence of the American River with the Sacramento River.
(b)
(c)American River Parkway Plan has the same meaning as in subdivision (a) of Section 5841.
(c)
(d)Conservancy means the Lower American River Conservancy established by this division.
(d)
(e)Governing board means the governing board of the conservancy.
(e)
(f)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)Parkway Manager means the Sacramento County Board of Supervisors or its designee.
32281.(a)The Lower American River Conservancy 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.
(b)To the extent permissible under this division, the conservancy shall prioritize expending moneys to develop and implement a natural resource management plan and to improve access to and protection of the American River Parkway.
32281.5.(a)The governing board shall consist 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 the Natural Resources Agency, or his or her designee.
(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)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.
(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)A person shall not continue as a member of the governing board if that person ceases to hold the office that qualifies that person for membership. In that event, the persons membership on the governing board shall automatically terminate.
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.The conservancy 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)Consult Prior to approving funding for any project, do both of the following:
(1)Consult with the County of Sacramento on as to whether the conservancys proposed actions 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 conservancys actions are consistent with the American River Parkway Plan.
(c)Administer any moneys appropriated to the conservancy or any revenues generated by the conservancy.
(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.
32286.Consistent with the American River Parkway Plan, the conservancy 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 facilities 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 propogation of native species.
(b)Improve and enhance lands within and adjacent to the American River Parkway.
(c)Design, implement, and provide grants to local agencies and nonprofit organizations for multibenefit projects to capture stormwater and improve water quality, enhance fish and wildlife habitat, improve recreational areas, and increase water supply, or a combination of those benefits, on lands within or adjacent to the American River Parkway and within the boundaries of the County of Sacramento. both of the following:
(1)Stormwater capture and treatment projects to improve the quality of water that flows within and into the American River Parkway. 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.
(e)Establish necessary advisory boards or committees related to the purposes of this division.
32287.The conservancy shall not do any of the following:
(a)Fund or implement projects on lands without the written consent of the landowner.
(b)Regulate the use of lands or waters.
(c)Levy any tax or special assessment.
(d)Provide grants or take other actions that are inconsistent with the American River Parkway Plan 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.
32290.The Lower American River Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this division.
32291.Nothing in this act shall supersede or diminish the existing authority of the either 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.
This division shall be known, and may be cited, as the Lower American River Conservancy Act.
32280.1.The Legislature finds and declares all of the following:
(a)The lower American River is one of Californias 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 adjacent to, and within, to and within two incorporated cities and the unincorporated County of Sacramento.
(b)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, and the Legislature.
(c)The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities.
(d)Since establishing it, the County of Sacramento has continued to own, manage, operate, and patrol the American River Parkways lands and resources.
(e)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 and other wildlife, and others. wildlife.
(f)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), which culminated with the adoption of the American River Parkway Plan.
(g)The state has an interest in assisting local agencies in expanding, enhancing, and restoring the natural, recreational, and educational resources in, and adjacent to, in and adjacent to the American River Parkway.
(h)The establishment of the Lower American River Conservancy can provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and increase public access to the American River Parkways natural, recreational, educational, and cultural resources.
32280.5.For purposes of this division, the following terms have the following meanings:
(a)American River Parkway means the area described in the American River Parkway Plan.
(b)American River Parkway Plan has the same meaning as in subdivision (a) of Section 5841.
(c)Conservancy means the Lower American River Conservancy established by this division.
(d)Governing board means the governing board of the conservancy.
(e)Nonprofit organization means any a private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the United States 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.
32281.(a)There is in the Natural Resources Agency the The Lower American River Conservancy, which is created for the purpose of receiving and expending Conservancy 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, statutes for the benefit of the American River Parkway.
(b)To the extent permissible under this division, the conservancy shall prioritize expending funds for purposes of developing and implementing a Natural Resource Management Plan and improving moneys to develop and implement a natural resource management plan and to improve access to and protection of the American River Parkway.
32281.5.(a)The governing board shall consist 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. 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, city council, selected by a majority vote of the City Council. 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. city council.
(4)The Secretary of the Natural Resources Agency, or his or her designee.
(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)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.
(b)Public-at-large members appointed pursuant to paragraph (10) of subdivision (a) may serve for one or more four-year terms.
(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)A person shall not continue as a member of the governing board if that person ceases to hold the office that qualifies that person for membership. In that event, the persons membership on the governing board shall automatically terminate.
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 chairperson chair and vice chairperson, 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 chairperson chair or vice chairperson chair may be elected by the governing board before the expiration of the two-year term to fill out the remainder of that two-year term.
32283.The governing board shall meet at least once each quarter at one or more locations within Sacramento County. 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 (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 (Article 9 (commencing with Section 11120) 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.The conservancy 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)Consult with the County of Sacramento on whether the conservancys actions are consistent with the American River Parkway Plan.
(b)
(c)Administer any funds moneys appropriated to the conservancy or any revenues generated by the conservancy.
(c)
(d)Provide grants funding and assistance to the County of Sacramento for the development, update, adoption, and implementation of a Natural Resource Management Plan natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations whose projects are approved by the parkway manager for implementation of that plan.
32286.Consistent with the American River Parkway Plan, the conservancy may do any of the following:
(a)Provide grants to local public agencies and nonprofit organizations whose projects are approved by the parkway manager 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, to the American River Parkway.
(2)The improvement and expansion of public access facilities including trails.
(3)The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources.
(b)Improve and enhance lands within, within and adjacent to, to the American River Parkway.
(c)Design, implement, and provide grants to local agencies and nonprofit organizations for multibenefit projects to capture stormwater and improve water quality, enhance fish and wildlife habitat, improve recreational areas, and increase water supply, or a combination of those benefits, on lands within the American River Parkway or lands adjacent to the American River Parkway and within the boundaries of the County of Sacramento.
(d)Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this division.
(e)Establish necessary advisory boards or committees related to the purposes of this division.
32287.The conservancy shall not do any of the following:
(a)Fund or implement projects on lands without the written consent of the landowner.
(b)Regulate the use of lands or waters not under the jurisdiction of the conservancy. waters.
(c)Levy any tax or special assessment.
(d)Provide grants or take other actions that are inconsistent with the American River Parkway Plan or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5), including, but not limited to, a project determined by the Board of Supervisors of the County of Sacramento to be inconsistent with that plan or that act. 5).
(e)Own or acquire land.
32290.The Lower American River Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this division.
32291.Nothing in this act shall supersede or diminish the existing authority of 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.
This division shall be known, and may be cited, as the Lower American River Conservancy Act.
32280.1.The Legislature finds and declares all of the following:
(a)The lower American River is one of Californias 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 adjacent to, and within, two incorporated cities and the unincorporated County of Sacramento.
(b)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, and the Legislature.
(c)The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities.
(d)Since establishing it, the County of Sacramento has continued to own, manage, operate, and patrol the American River Parkways lands and resources.
(e)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 and other wildlife, and others.
(f)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), which culminated with the adoption of the American River Parkway Plan.
(g)The state has an interest in assisting local agencies in expanding, enhancing, and restoring the natural, recreational, and educational resources in, and adjacent to, the American River Parkway.
(h)The establishment of the Lower American River Conservancy can provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and increase public access to the American River Parkways natural, recreational, educational, and cultural resources.
32280.5.For purposes of this division, the following terms have the following meanings:
(a)American River Parkway means the area described in the American River Parkway Plan.
(b)American River Parkway Plan has the same meaning as in subdivision (a) of Section 5841.
(c)Conservancy means the Lower American River Conservancy established by this division.
(d)Governing board means the governing board of the conservancy.
(e)Nonprofit organization means any private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the United States 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.
32281.(a)There is in the Natural Resources Agency the Lower American River Conservancy, which is created for the purpose of receiving and expending proceeds from bonds or other appropriations made in the annual Budget Act or other statutes, for the benefit of the American River Parkway.
(b)To the extent permissible under this division, the conservancy shall prioritize expending funds for purposes of developing and implementing a Natural Resource Management Plan and improving access to and protection of the American River Parkway.
32281.5.(a)The governing board shall consist 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 the Natural Resources Agency, or his or her designee.
(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)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.
(b)Public-at-large members appointed pursuant to paragraph (10) of subdivision (a) may serve for one or more four-year terms.
(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)A person shall not continue as a member of the governing board if that person ceases to hold the office that qualifies that person for membership. In that event, the persons membership on the governing board shall automatically terminate.
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 chairperson and vice chairperson, whose terms of office shall be two years, and who may serve more than one term. In the event of a vacancy, a new chairperson or vice chairperson may be elected by the governing board before the expiration of the two-year term to fill out the remainder of that two-year term.
32283.The governing board shall meet at least once each quarter at one or more locations within Sacramento County. 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 (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
32284.The governing board shall adopt rules and procedures necessary to conduct its business.
32285.The conservancy 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)Administer any funds appropriated to the conservancy or any revenues generated by the conservancy.
(c)Provide grants to the County of Sacramento for the development, update, adoption, and implementation of a Natural Resource Management Plan for the American River Parkway, and to other local agencies and nonprofit organizations whose projects are approved by the parkway manager for implementation of that plan.
32286.Consistent with the American River Parkway Plan, the conservancy may do any of the following:
(a)Provide grants to local public agencies and nonprofit organizations whose projects are approved by the parkway manager 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.
(2)The improvement and expansion of public access facilities including trails.
(3)The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources.
(b)Improve and enhance lands within, and adjacent to, the American River Parkway.
(c)Design, implement, and provide grants to local agencies and nonprofit organizations for multibenefit projects to capture stormwater and improve water quality, enhance fish and wildlife habitat, improve recreational areas, and increase water supply, or a combination of those benefits, on lands within the American River Parkway or lands adjacent to the American River Parkway and within the boundaries of the County of Sacramento.
(d)Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this division.
(e)Establish necessary advisory boards or committees related to the purposes of this division.
32287.The conservancy shall not do any of the following:
(a)Fund or implement projects on lands without the written consent of the landowner.
(b)Regulate the use of lands or waters not under the jurisdiction of the conservancy.
(c)Levy any tax or special assessment.
(d)Provide grants or take other actions that are inconsistent with the American River Parkway Plan or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5), including, but not limited to, a project determined by the Board of Supervisors of the County of Sacramento to be inconsistent with that plan or that act.
(e)Own or acquire land.
32290.The Lower American River Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this division.
32291.Nothing in this act shall supersede or diminish the existing authority of 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.
|
Date
|
Status
|
|---|---|
| Jun 22, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Sep 16, 2016 | Chaptered by Secretary of State - Chapter 375, Statutes of 2016. |
| Sep 16, 2016 | Approved by the Governor. |
| Sep 8, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 20. Page 6447.). |
| Aug 30, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 26, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77. |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 12. Page 5311.). |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2016 | Read second time. Ordered to third reading. |
| Aug 11, 2016 | From committee: Do pass. (Ayes 5. Noes 2.) (August 11). |
| Aug 8, 2016 | Referred to APPR. suspense file. |
| Aug 2, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 1, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 28). |
| Jan 27, 2016 | Read first time. To print. |
| Jun 9, 2016 | Referred to Com. on N.R. & W. |
| Jun 9, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 2, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 20.) |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 20. Page 5130.) |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 31, 2016 | Read second time. Ordered to third reading. |
| May 27, 2016 | From committee: Do pass. (Ayes 14. Noes 2.) (May 27). |
| May 4, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 27, 2016 | Re-referred to Com. on APPR. |
| Apr 26, 2016 | Read second time and amended. |
| Apr 25, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 18). |
| Mar 28, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 18, 2016 | Referred to Com. on NAT. RES. |
| Jan 28, 2016 | From printer. May be heard in committee February 27. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2016 | AB 1716 MCCARTY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2016 | Assembly 3rd Reading AB1716 McCarty By Pan | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 8, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Jun 1, 2016 | AB 1716 MCCARTY Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American River Parkway Foundation | ** Support | Aug 23, 2016 |
| Audubon | ** Support | Apr 18, 2016 |
| Audubon California | ** Support | Aug 23, 2016 |
| California Association Of Local Conservation Corps | ** Support | Aug 23, 2016 |
| California Trout | ** Support | Aug 23, 2016 |
| Effie Yeaw Nature Center | * For If Amend | Apr 18, 2016 |
| Friends of the River | ** Support | Aug 23, 2016 |
| Insurance Commissioner Dave Jones | ** Support | Aug 23, 2016 |
| One individual | ** Support | Apr 18, 2016 |
| Planning And Conservation League | ** Support | Aug 23, 2016 |
| Regional Water Authority | ** Support | Aug 23, 2016 |
| Sacramento Area Bicycle Advocates | ** Support | Aug 23, 2016 |
| Sacramento County Board of Supervisors | ** Support | Apr 18, 2016 |
| Sacramento County Recreation and Parks Commission | ** Support | Apr 18, 2016 |
| Sacramento Environmental Commission | ** Support | Aug 23, 2016 |
| Sacramento Regional Conservation Corps | ** Support | Aug 23, 2016 |
| Save the American River Association | ** Support | Aug 23, 2016 |
| Sierra Club California | ** Support | Aug 23, 2016 |
| The River District Business Association | ** Support | Aug 23, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1716
Author:(McCarty and Cooley)
As Amended Ver: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:
- 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.
- Require the WCB in administering the program to prioritize expenditures to develop and implement a natural resource management plan and to improve access to and protection and restoration of the American River Parkway.
- Require the WCB to establish an advisory committee consisting of specified members as follows:
- Three members of the Sacramento County Board of Supervisors or their designees;
- Two representatives of the City of Sacramento, including the mayor or city council members, or their designees;
- One member of the city council or mayor of Rancho Cordova or designee.
- Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission.
- 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.
- Require the WCB in implementing the program to:
- Coordinate with the County of Sacramento and each city along the Parkway, local and regional flood control districts, and relevant state agencies.
- Prior to approving any project for funding, consult with 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.
- 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.
- 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.
- Authorize the WCB in administering the program to:
- 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.
- Improve and enhance lands within and adjacent to the American River Parkway
- 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.
- Solicit grants, donations and in-kind services from other sources for these purposes.
- Prohibit the WCB in administering the program from doing any of the following:
- Funding or implementing projects without written consent of the landowner.
- Manage lands owned by another entity except per written agreement with that entity.
- Levy any tax or special assessment.
- 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.
- Own or acquire land.
- 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.
- 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.
- Modify the legislative findings and declarations to:
- Acknowledge the role of Sacramento County in the American River Parkway Plan and in management of the Parkway.
- 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.
- 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.
- Revise and add definitions, including:
- Define adjacent to mean downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway.
- 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.
- Define the Sacramento County Board of Supervisors as the Parkway manager.
- 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:
- 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.
- 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.
- 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.
- 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.
- Prohibits the codification of the Plan from doing any of the following:
- Impair the authority and responsibility of the state or local public agencies to maintain and operate the flood channel, levees, and pump stations;
- Affect the existing authority of the City of Sacramento to litigate the validity or application of the Plan;
- Prohibit reasonable expansion of the water treatment facility operated by the City of Sacramento;
- Impair the authorities and responsibilities of state agencies in managing the California Exposition flood plain or Bushy Lake Area; and
- Affect existing water rights.
- 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.
- 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.
- 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.
- 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:
- Approximately $300,000 (special fund) in costs for the WCB.
- 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 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
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1716
:
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
DIGEST: This bill establishes the Lower American River Conservancy Program within the Wildlife Conservation Board.
Senate Floor Amendments of 8/19/16 add three public members to the Lower American River Conservancy Program (Program) proposed to be included in the Wildlife Conservation Board (Board) and add a provision that another local public entity, in addition to Sacramento County, may hold title to lands acquired by this program. The amendments also make numerous clarifying changes.
Existing law:
- Recognizes the American River Parkway (Parkway) in the Urban American River Parkway Preservation Act and the Bushy Lake Preservation Act. The Parkway was established in 1959 with support from Sacramento County, the state, and other entities to provide recreational, flood control, water supply, water quality, and wildlife habitat to the greater Sacramento region.
- Includes the Lower American River as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System.
- Designates the American River Parkway Plan as the management plan for the Lower American River under the California Wild and Scenic Rivers Act. The above-referenced statutes define 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.
- Defines the "Lower American River" is defined 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.
- Permits the Plan to be amended through a local amendment process, provided such amendments are consistent with the Plan.
This bill:
- Contains numerous finding regarding the attributes and contributions of the Lower American River to the greater Sacramento area for numerous recreational, environmental, and educational purposes.
- Establishes the Program within the Board.
- Establishes an advisory committee consisting of three county supervisors or their designees, two City of Sacramento representatives or their designees, a representative of the City of Rancho Cordova, state representation from the Natural Resources Agency, the Department of Finance, and the State Lands Commission, and three public members, one appointed by the Governor, one appointed by the Senate Rules Committee, and one appointed by the Speaker. The advisory committee is subject to the Bagley-Keene Open Meetings Act.
- Requires the Board to coordinate and consult with the County of Sacramento as to whether the Board’s proposed actions are consistent with the Plan.
- Contains administrative criteria regarding the administration of the Program by the Board.
- Requires that title to any acquisition projects be held by the County or another local public entity wiling to hold title.
- Contains numerous provisions regarding the uses of funding that may become available through a bond measure or other sources.
- Provides that the County remains the management entity of the Parkway and also prohibits the Board from owning land.
- Establishes a preference, where feasible, for the Board to give a preference to projects that utilize the California Conservation Corps or Community Conservation Corps.
- Establishes the Lower American River Conservancy Program Fund which is subject to appropriation by the Legislature.
- Contains other administrative and technical provisions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, approximately $300,000 (special fund) to the Board plus other potentially significant cost pressures (various special funds) to fund programs and projects in the program area within existing resources.
Insurance Commissioner Dave Jones
American River Parkway Foundation
Audubon California
California Association of Local Conservation Corps
California Trout
City of Sacramento
County of Sacramento
Friends of the River
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
OPPOSITION: (Verified 8/20/16)
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 Board, 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 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
8/22/16 22:59:18
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1716
:
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
DIGEST: This bill establishes the American River Conservancy Program within the Wildlife Conservation Board.
Existing law:
- Recognizes the American River Parkway (Parkway) in both the Urban American River Parkway Preservation Act and the Bushy 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.
- Designates the Lower American River as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System.
- 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.
- 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.
- 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.
- Allows the Plan to be amended through a local amendment process, provided such amendments are consistent with the Plan.
This bill:
- Establishes the American River Conservancy Program as a program within the Wildlife Conservation Board (WCB).
- Creates an advisory board consisting of three supervisors 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.
- Includes three public members on the advisory committee.
- Requires the advisory committee to meet at least twice a year, and its meetings are subject to the Bagley-Keen Open Meeting Act.
- 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.
- Requires the WCB to consult with the County as to whether the proposed actions are consistent with the Plan prior to expending funds.
- 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.
- 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.
- 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.
- Requires the WCB, to the extent feasible, to use the California Conservation Corps or a community conservation corps for projects.
- Establishes the Lower American River Conservancy Program Fund.
- 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: Fiscal Com.: Local:
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.
American River Parkway Foundation
Audubon California
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: (Verified 8/11/16)
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 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
8/15/16 20:26:54
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1716 (McCarty) - Lower American River Conservancy Program
Version: August 2, 2016 | Policy Vote: N.R. & W. 6 - 2 |
Urgency: No | Mandate: No |
Hearing Date: August 8, 2016 | Consultant: Narisha Bonakdar |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1716 establishes the American River Conservancy Program (Program) within the Wildlife Conservation Board (WCB).
Fiscal Impact:
- Approximately $300,000 (special fund) to the Wildlife Conservation Board (WCB).
- Significant costs pressures (various special funds) to fund programs and projects in the program area within existing resources.
Background:
California has 10 conservancies which provide various services within their regions, including public recreation, habitat protection, open space acquisition, and projects to restore and enhance natural areas and public facilities. They range in size from the largest conservancies (Coastal and Sierra Nevada) to the smallest (Baldwin Hills, San Diego River, and San Joaquin River), and often are funded through specific allocations in state bond acts.
Some are urban (four in the Los Angeles area), some very rural (Tahoe and Sierra Nevada), and most work within a specified geographic area, and one, the Coastal Conservancy, has a jurisdiction that includes the entire coast and the inland watersheds that drain into the ocean.
The ten conservancies include Baldwin Hills, Tahoe, Coachella Valley Mountains, Sacramento-San Joaquin Delta, San Diego River, San Gabriel and Lower Los Angeles Rivers and Mountains, San Joaquin River, Santa Monica Mountains, Sierra Nevada, and Coastal.
At one point, successive administrations insisted that the boards of the conservancies contain a majority of appointees who were either directly appointed by the Governor or who served on a conservancy board because of their appointment to another position, such as the Director of Finance or the Secretary for Natural Resources, both of whom serve on many conservancy boards. That remains the status for most conservancies although both the Sierra Nevada and Delta conservancies have a narrow majority of local government representatives.
Although not a conservancy, the WCB fulfills a statewide land acquisition function that has proven useful in areas not served by a conservancy. In areas served by a conservancy, the WCB may partner in funding various projects and leveraging other dollars.
Also, both the San Francisco Bay region and the Santa Ana River are distinct statutory programs within the State Coastal Conservancy. Through that structure, those regions are covered by the WCB, are eligible for specific line-item appropriations in the budget or bond measures, and have achieved some cost-savings with smaller administrative or additional personnel costs than would normally occur with an entirely new organization.
Proposed Law:
This bill:
- Establishes the Program within the WCB.
- Creates an advisory board and requires the following:
- The board must consists of three supervisors from the County of Sacramento, two representatives of the City of Sacramento, the mayor or a councilmember from the City of Rancho Cordova, 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, and three public members.
- The advisory committee must meet at least twice a year, and its meetings are subject to the Bagley-Keen Open Meeting Act.
- The WCB is directed to coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, and appropriate local and regional flood control districts, and relevant state agencies.
- Prior to approving any funding, the WCB must consult with the county as to whether the proposed actions are consistent with the Plan.
- Requires the WCB, prior to providing funding for any acquisition project, to ensure that the title will be held by Sacramento County.
- Specifies 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, interpretative and educational facilities related to the Parkway, and the control of invasive species, and the propagation of native species, stormwater capture and treatment grants.
- Prohibits the WCB from:
- Funding projects on land without 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.
- Levying of any tax or special assessment, or provide any grants or take other actions inconsistent with the above-referenced statutes.
- Owning or acquiring land.
- Requires the WCB, to the extent feasible, to use the California Conservation Corps or a community conservation corps for projects.
- Establishes the Lower American River Conservancy Program Fund.
Related Legislation:
SB 1396 (Wolk, 2016) establishes the Inner Coast Range Program with specified goal areas and authorization related to the Inner Coast Range Region, as defined. This bill was set for hearing in Assembly Water, Parks, and Wildlife Committee and was held by the author.
SB 1390 (Correa, Chapter 562, Statutes of 2014) established the Santa Ana River Conservancy Program within the State Coastal Conservancy to address the resource and recreational goals of the Santa Ana River corridor.
SB 1048 (Sher) Chapter 896, Statutes of 1997 created the San Francisco Bay Area Conservancy Program within the Coastal Conservancy.
Staff Comments:
Purpose of the bill. 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 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 with state conservancies, but the American River has received only $3 million.
Staff notes that by creating an additional program within the WCB, this bill puts costs pressures on the WCB’s existing and future funds, which are largely from bonds. However, this cost pressure is somewhat mitigated because some priority projects of this program are likely to be priorities of the WCB under their existing mission even if this program was not created.
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1716 Hearing Date: June 28, 2016
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Lower American River Conservancy Program
BACKGROUND AND EXISTING LAW
- 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 to the greater Sacramento region.
- The American River Parkway is recognized in the Urban American River Parkway Preservation Act and the Bushy Lake Preservation Act.
- The Lower American River Parkway 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 serves as the management plan for the Lower American River under the California Wild and Scenic Rivers Act.
- The above-referenced statutes define 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.
- The "Lower American River" is defined 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.
- The Plan may be amended through a local amendment process, provided such amendments are consistent with the Plan.
PROPOSED LAW
This bill would establish the American River Conservancy Program as a program within the Wildlife Conservation Board (WCB).
The Program would have an advisory board consisting of 3 supervisors from the County of Sacramento, two representatives of the City of Sacramento, the mayor or a councilmemember from the City of Rancho Cordova, and up to 4 representatives of state agencies. The officials of the state agencies that may participate include the Secretary of theNatural Resources Agency, the Director of Finance, the Director of Parks and Recreation, the Executive Officer of the State Lands Commission, or their designees.
Three public members would also be on the advisory committee.
The advisory committee would be required to meet at least twice a year, and its meetings are subject to the Bagley-Keen Open Meeting Act.
The WCB is directed to coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, and appropriate local and regional flood control districts, and relevant state agencies.
Prior to approving any funding, the WCB must consult with the county as to whether the proposed actions are consistent with the Plan.
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.
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.
It may also provide stormwater capture and treatment grants.
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.
The board, to the extent feasible, shall use the California Conservation Corps or a community conservation corps for projects.
The Lower American River Conservancy Program Fund is established.
Land management remains the responsibility of the County of Sacramento or another responsible entity, and not that of the WCB.
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 8 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 with state conservancies, but the American River has received only $3 million.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
- In discussions with the author, the bill was changed from a new conservancy to a program within the WCB both to reduce costs, to avoid creating a new state agency, and to rely on the expertise of the WCB to help local jurisdictions with a locally and regionally important piece of public infrastructure that provides multiple benefits to the region.
- The provision in the bill that makes it optional whether to designate specified state officials as members of the advisory board should be changed. Instead, the bill should require those officials to be invited to participate, leaving the final decision up to those officials. (Amendment 1.)
- Amendments 2-3 correct inadvertent drafting errors that were caught by the author and the bill’s supporters and underscore that the land management functions remain with the county. Amendment 4 is a technical correction.
- Staff would note that the support letters were received prior to the recent amendments changing the bill from a conservancy to a program within the WCB.
SUGGESTED AMENDMENTS
AMENDMENT 1
Make change pursuant to Comment 2.
AMENDMENT 2
In section 1482(e) delete amendment and restore original language which reads: “(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.”
AMENDMENT 3
In Sec. 1483(a) (1) remove amendment to restore prior language: “(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.”
AMENDMENT 4
In Sec. 1483 (a) (2) remove amendment to restore prior language: “(2) The improvement and expansion of public access facilities access, recreational areas, and recreational facilities, including trails.
SUPPORT
American River Parkway Foundation
Audubon California
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
None Received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1716
Author:(McCarty and Cooley)
As Amended Ver:April 26, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 6-0 | Williams, Cristina Garcia, Gomez, McCarty, Mark Stone, Wood | |
Appropriations | 14-2 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Gallagher |
SUMMARY: Establishes the Lower American River Conservancy in the Natural Resources Agency (NRA), which is created for the purpose of receiving and expending proceeds from bonds or other appropriations for the benefit of the American River Parkway (Parkway). Specifically, this bill:
- Establishes a 15 voting member governing board (Board) that consists of:
- Three members of the Sacramento County Board of Supervisors;
- Two representatives of the City of Sacramento;
- One representative of the City of Rancho Cordova;
- The Secretary of NRA, or his or her designee;
- The Director of Finance, or his or her designee;
- The Director of Parks and Recreation, or his or her designee;
- The Director of Fish and Wildlife, or his or her designee;
- The Executive Director of the Wildlife Conservation Board, or his or her designee;
- The Executive Officer of the State Lands Commission, or his or her designee; and,
- Three members of 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.
- Establishes Board policies, procedures, and Conservancy authorities and priorities.
EXISTING LAW:
- Establishes ten conservancies in NRA to acquire, manage, direct the management of, and conserve public lands in the state.
- Defines "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.
- Defines "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.
- 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.
- 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 conducted by the Sacramento County Board of Supervisors through a process outlined in the Plan.
- Declares it is the intent of the Legislature that the duties and responsibilities required by adoption of the Plan be accomplished by utilizing existing staff resources and that no additional funding be provided, other than that which is appropriated by the Legislature in the annual Budget Act.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Increased cost pressures, potentially in the millions of dollars, for general obligation bonds or other state funding to benefit the American River Parkway.
- Increased annual administrative costs of approximately $250,000 to $350,000 (Environmental License Plate Fund).
COMMENTS: There are ten Conservancies in the NRA, which include the Baldwin Hills, Tahoe, Coachella Valley Mountains, Sacramento/San Joaquin Delta (Delta), San Diego River, San Gabriel & Lower Los Angeles Rivers & Mountains, San Joaquin River, Santa Monica Mountains, Sierra Nevada, and Coastal. These conservancies have different missions, but common themes are to enhance and restore important habitat lands, provide for public recreation, educational opportunities, and undertake watershed restoration activities. Most conservancies focus on strategic acquisition of land from willing sellers in order to preserve the land. The Legislature created the Santa Ana Conservancy and the San Francisco Bay Conservancy within the Coastal Conservancy. Originally, the authors creating these programs tried to create new conservancies, but both authors later pursued programs within the Coastal Conservancy to reduce the cost of their legislation. None of the ten existing conservancies cover the Sacramento Valley. The Delta Conservancy borders Sacramento, but does not include the Parkway. This bill creates a different type of Conservancy. The Conservancy is prohibited from acquiring land and actions would primarily be providing grants.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0003104
ASSEMBLY THIRD READING
ATR Bill Id:AB 1716
Author:(McCarty and Cooley)
As Amended Ver:April 26, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 6-0 | Williams, Cristina Garcia, Gomez, McCarty, Mark Stone, Wood | |
Appropriations | 14-2 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Gallagher |
SUMMARY: Establishes the Lower American River Conservancy in the Natural Resources Agency (NRA), which is created for the purpose of receiving and expending proceeds from bonds or other appropriations for the benefit of the American River Parkway (Parkway). Specifically, this bill:
- Establishes a 15 voting member governing board (Board) that consists of:
- Three members of the Sacramento County Board of Supervisors;
- Two representatives of the City of Sacramento;
- One representative of the City of Rancho Cordova;
- The Secretary of NRA, or his or her designee;
- The Director of Finance, or his or her designee;
- The Director of Parks and Recreation, or his or her designee;
- The Director of Fish and Wildlife, or his or her designee;
- The Executive Director of the Wildlife Conservation Board, or his or her designee;
- The Executive Officer of the State Lands Commission, or his or her designee; and,
- Three members of 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.
- Establishes Board policies, procedures, and Conservancy authorities and priorities.
EXISTING LAW:
- Establishes ten conservancies in NRA to acquire, manage, direct the management of, and conserve public lands in the state.
- Defines "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.
- Defines "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.
- 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.
- 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 conducted by the Sacramento County Board of Supervisors through a process outlined in the Plan.
- Declares it is the intent of the Legislature that the duties and responsibilities required by adoption of the Plan be accomplished by utilizing existing staff resources and that no additional funding be provided, other than that which is appropriated by the Legislature in the annual Budget Act.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Increased cost pressures, potentially in the millions of dollars, for general obligation bonds or other state funding to benefit the American River Parkway.
- Increased annual administrative costs of approximately $250,000 to $350,000 (Environmental License Plate Fund).
COMMENTS: There are ten Conservancies in the NRA, which include the Baldwin Hills, Tahoe, Coachella Valley Mountains, Sacramento/San Joaquin Delta (Delta), San Diego River, San Gabriel & Lower Los Angeles Rivers & Mountains, San Joaquin River, Santa Monica Mountains, Sierra Nevada, and Coastal. These conservancies have different missions, but common themes are to enhance and restore important habitat lands, provide for public recreation, educational opportunities, and undertake watershed restoration activities. Most conservancies focus on strategic acquisition of land from willing sellers in order to preserve the land. The Legislature created the Santa Ana Conservancy and the San Francisco Bay Conservancy within the Coastal Conservancy. Originally, the authors creating these programs tried to create new conservancies, but both authors later pursued programs within the Coastal Conservancy to reduce the cost of their legislation. None of the ten existing conservancies cover the Sacramento Valley. The Delta Conservancy borders Sacramento, but does not include the Parkway. This bill creates a different type of Conservancy. The Conservancy is prohibited from acquiring land and actions would primarily be providing grants.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0003104
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
ABPCA Bill Id:AB 1716 (
Author:McCarty) – As Introduced Ver:January 27, 2016
SUBJECT: Lower American River Conservancy
SUMMARY: Establishes the Lower American River Conservancy in the Natural Resources Agency (NRA), which is created for the purpose of receiving and expending proceeds from bonds or other appropriations for the benefit of the American River Parkway (Parkway).
EXISTING LAW:
- Establishes 10 conservancies in NRA to acquire, manage, direct the management of, and conserve public lands in the state.
- Defines “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.
- Defines “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.
- 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.
- Prohibits the codification of the Plan from doing any of the following:
- Impair the authority and responsibility of the state or local public agencies to maintain and operate the flood channel, levees, and pump stations;
- Affect the existing authority of the City of Sacramento to litigate the validity or application of the Plan;
- Prohibit reasonable expansion of the water treatment facility operated by the City of Sacramento;
- Impair the authorities and responsibilities of state agencies in managing the California Exposition flood plain or Bushy Lake Area; and,
- Affect existing water rights.
- 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 conducted by the Sacramento County Board of Supervisors through a process outlined in the Plan.
- Declares it is the intent of the Legislature that the duties and responsibilities required by adoption of the Plan be accomplished by utilizing existing staff resources and that no additional funding be provided other than that which is appropriated by the Legislature in the annual Budget Act.
THIS BILL:
- Makes various findings about the Parkway and Plan.
- Declares that the Lower American River Conservancy can provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and increase public access to the Parkway’s natural, recreational, educational, and cultural resources.
- Establishes the Lower American River Conservancy for the purpose of receiving and expending proceeds from bonds or other appropriations for the benefit of the Parkway.
- Requires the Conservancy to prioritize funding development and implementation of a natural resources management plan and improving access to and protection of the Parkway.
- Requires the Conservancy to have a 15 voting member governing board (Board) that consists of:
- Three members of the Sacramento County Board of Supervisors;
- Two representatives of the City of Sacramento;
- One representative of the City of Rancho Cordova;
- The Secretary of NRA, or his or her designee;
- The Director of Finance, or his or her designee;
- The Director of Parks and Recreation, or his or her designee;
- The Director of Fish and Wildlife, or his or her designee;
- The Executive Director of the Wildlife Conservation Board, or his or her designee;
- The Executive Officer of the State Lands Commission, or his or her designee; and,
- Three members of 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.
- Allows at-large Board members who are not full-time public employees to be compensated for attendance at the rate of $100 per meeting.
- Requires the Conservancy to do the following:
- Coordinate its activities with the County of Sacramento, each city that includes a portion of the Parkway, appropriate local and regional flood control districts, and relevant state agencies;
- Administer any funds appropriated to the Conservancy or any revenues generated by the Conservancy; and,
- Provide grants to the County of Sacramento for the development, update, adoption, and implementation of a natural resources management plan for the Parkway, and to other local agencies and nonprofit organizations whose projects are approved by the parkway manager for implementation of a natural resources management plan.
- Allows the Conservancy, if consistent with the Plan, to do any of the following:
- Provide grants to local public agencies and nonprofit organizations whose projects are approved by the parkway manager for the following purposes:
- Acquisition, restoration, enhancement, and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildlife;
- Improvement and expansion of public access facilities, including trails; and,
- Enhancement of interpretive and educational facilities related to the Parkway.
- Improve and enhance lands in or adjacent to the Parkway.
- Design, implement, and provide grants to local agencies and nonprofit organizations for projects that have multiple benefits, including stormwater capture, water quality improvements, improved recreational areas, and increased water supply.
- Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources.
- Establish necessary advisory boards or committees.
- Provide grants to local public agencies and nonprofit organizations whose projects are approved by the parkway manager for the following purposes:
- Prohibits the Conservancy from doing any of the following:
- Fund or implement projects on lands without the written consent of the landowner;
- Regulate the use of lands or waters not under the jurisdiction of the conservancy;
- Levy any tax or special assessment;
- Provide grants or take other actions that are inconsistent with the Plan, including a project determined by the Board of Supervisors of the County of Sacramento as inconsistent with the Plan; and,
- Own or acquire land.
- Creates the Lower American River Conservancy Fund.
- Declares that nothing in this bill will supersede or diminish the existing authority of the County of Sacramento or any other entity with responsibilities on the Parkway.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
Despite its location and opportunities for both access and environmental benefits, the Lower American River has missed out on opportunities for improvements. Creating a state conservancy would create a framework to bringing together the diverse stakeholders, including the state, to make decisions on the best way to improve and protect the Lower American and take action to make those improvements.
- Conservancies. There are ten Conservancies in the NRA, which include the Baldwin Hills, Tahoe, Coachella Valley Mountains, Sacramento/San Joaquin Delta (Delta), San Diego River, San Gabriel & Lower Los Angeles Rivers & Mountains, San Joaquin River, Santa Monica Mountains, Sierra Nevada, and Coastal. These conservancies have different missions, but common themes are to enhance and restore important habitat lands, provide for public recreation, educational opportunities, and undertake watershed restoration activities. Most conservancies focus on strategic acquisition of land from willing sellers in order to preserve the land. The Legislature created the Santa Ana Conservancy and the San Francisco Bay Conservancy within the Coastal Conservancy. Originally, the authors creating these programs tried to create new conservancies, but both authors later pursued programs within the Coastal Conservancy to reduce the cost of their legislation. None of the 10 existing conservancies cover the Sacramento Valley. The Delta Conservancy borders Sacramento, but does not include the Parkway.
- This bill. This bill creates a different type of Conservancy. The Conservancy is prohibited from acquiring land. In addition, the Conservancy actions, which would primarily be providing grants, are subject to approval in cases by the parkway manager (a county employee) and others by the Sacramento County Board of Supervisors. This is problematic because a local government who has three members on the Board of the Conservancy could prohibit the Conservancy as a whole from funding projects or taking actions. This defeats the purpose of a Board. The author and committee may wish to amend the bill to remove the provisions giving Sacramento County control over the Conservancy’s actions. This bill both prioritizes expending funds to develop a natural resource management plan and requires the Conservancy to provide grants to Sacramento County for the development, update, adoption, and implementation of a natural resource management plan. Sacramento County has been asked to create a natural resource management plan to identify the Parkway’s resources, habitat and ecosystems, and how to manage them. However, the Conservancy has no allocated bond funding and therefore, would only have staff funded by the general fund and whatever money is appropriated through the budget. The Conservancy will be unable to provide grants until another resource bond is passed that allocates the Conservancy funding. The author and committee may wish to amend the bill to allow the Conservancy to provide assistance and funding to Sacramento County for purposes of creating and completing the natural resource management plan. The bill also prohibits the Conservancy from owning or acquiring land, but allows the Conservancy to regulate use of land or water under its jurisdiction. The author and committee may wish to amend the bill to clarify that the Conservancy cannot regulate the use of land or water.
- Related/Prior Legislation
SB 1396 (Wolk) creates the Inner Coast Range Conservancy that would include all or portions of the Counties of Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity, and Yolo. This bill is awaiting hearing in the Senate Appropriations Committee.
SB 1390 (Correa), Chapter 562, Statutes of 2014, establishes the Santa Ana River Conservancy Program within the State Coastal Conservancy to address the resource and recreational goals of the Santa Ana River corridor.
REGISTERED SUPPORT / OPPOSITION:
Support
Sacramento County Board of Supervisors (sponsor)
Audubon
California Association of Local Conservation Corps
California Trout
City of Sacramento
Friends of the River
Insurance Commissioner Dave Jones
Sacramento Area Bicycle Advocates
Sacramento County Recreation and Parks Commission
Sacramento Regional Conservation Corps
Save the American River Association
The River District Business Association
One individual
Opposition
None on file
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092
Discussed in Hearing
2MIN
Assembly Floor
1MIN
Senate Floor
4MIN
Assembly Floor
10MIN
Assembly Standing Committee on Natural Resources
Bill Co-Author(s):
