Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units, one of which is the Millerton Lake State Recreation Area.

Existing law establishes the San Joaquin River Conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway, and lands adjacent to both sides of the river.

This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.

The bill would require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale.

This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units, one of which is the Millerton Lake State Recreation Area.

Existing law establishes the San Joaquin River Conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway, and lands adjacent to both sides of the river.

This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.

The bill would require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale, and to prioritize the purchase of those lands, sale, as prescribed.

This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units, one of which is the Millerton Lake State Recreation Area.

This bill would require the department to effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area adjacent to the San Joaquin River, and to take action to acquire approximately 5,900 acres adjacent to the river, as specified, if those lands, or any portion of those lands, are offered for sale. The bill would prohibit the department from using the power of eminent domain to acquire any additional lands for the recreation area pursuant to the bill. would authorize the department to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the state recreation area, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units, one of which is the Millerton Lake State Recreation Area.

This bill would require the department to take all necessary action to acquire lands to expand effectively manage lands currently within its jurisdiction in the Millerton Lake State Recreation Area to include adjacent to the San Joaquin River River, and to take action to acquire approximately 5,900 acres adjacent to the river, as specified. specified, if those lands, or any portion of those lands, are offered for sale. The bill would prohibit the department from using the power of eminent domain to acquire any additional lands for the recreation area pursuant to the bill.

This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units, one of which is the Millerton Lake State Recreation Area.

This bill would require the department to take all necessary action to acquire lands to expand the Millerton Lake State Recreation Area to include the San Joaquin River and approximately 5,900 acres adjacent to the river, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake State Recreation Area.

GOVERNOR'S VETO

GV Bill Id:AB 3218

Author:(Arambula)

As Enrolled Ver:September 6, 2018

2/3 vote

SUMMARY: Requires the Department of Parks and Recreation (DPR) acquire and manage specified lands adjacent to the San Joaquin River and authorizes a management agreement with the San Joaquin River Conservancy. Specifically, this bill:

1. Requires the DPR to effectively manage the lands within its jurisdiction in the Millerton Lake State Recreation Area (SRA) adjacent to the San Joaquin River and authorizes the DPR to enter into an agreement with the San Joaquin River Conservancy (Conservancy) to manage lands acquired by the Conservancy adjacent to the SRA.
2. This bill restates existing law provisions directing the Conservancy to acquire specified lands within its jurisdiction from willing sellers including the prohibition against the use of eminent domain for the land acquisitions.
3. Declares the need for a special statute under the California Constitution, Article IV, Section 16.

EXISTING LAW:

1. Establishes the DPR under the California Natural Resources Agency (CNRA), and charges it with management of the state parks system, including State Recreation Areas (SRAs). [Public Resources Code (PRC) Section 5002]
2. Establishes the San Joaquin River Conservancy (Conservancy) under the CNRA to acquire and manage public lands within the San Joaquin River Parkway, which shall consist of the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing. (PRC Section 32510)
3. Requires the Conservancy be responsible for operation and maintenance of the parkway. The conservancy shall close to the public any lands or facilities which it is unable to maintain in a clean and safe manner and to adequately protect the wildlife and rights of adjacent property owners from the public, including areas downstream from the Highway 99 crossing affected by the use of the parkway. (PRC Section 32511)
4. Declares the necessity of a special statute for the expansion of Millerton Lake SRA. (California Constitution, Article 16, Section 16).

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. One-time capital development cost pressures of up to $30 million (likely bond funds) if this bill is interpreted to require DPR to manage Conservancy lands to provide recreational opportunities pursuant to the master plan.
2. Ongoing annual costs pressures of up to $10 million GF for DPR to operate and maintain the parkway.

COMMENTS:

Background and Purpose: The purpose of this bill is to authorize the DPR to enter into an agreement with the Conservancy to manage the parkway. Although, the bill is silent on how or by whom the management of the parkway will be funded. Despite legislation creating the San Joaquin River Conservancy (Conservancy), discussed below, the author argues that the "dream of having a continuous parkway is not a reality."

Millerton Lake SRA and the State Park System. The state parks system consists of parks, campgrounds monuments, historical sites, and more. With 280 state park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 4,500 miles of trails, the system contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. The system is broken into different types of parks including: museums, natural and cultural preserves, natural reserves, off-highway vehicle recreation areas, parks, seashores and recreation areas, among others.

According to the DPR, "With over 40 miles of shore land for water sports, this (Millerton Lake) SRA offers visitors swimming, fishing, and boating. The hills surrounding the lake provide good hiking opportunities. Wildlife in the park includes ground squirrels, cottontails, mule deer, badgers and bald and golden eagles. During winter, the park has special boat tours to view the bald eagles."

The lake was created by construction of the Friant Dam across the San Joaquin River in 1944. The park's camping facilities include boat camping. The park contains the original Millerton County Courthouse, built in 1867 and, including the lake itself, mainly shoreline surrounding the lake and tributaries.

The San Joaquin River Conservancy. The Conservancy is a regionally governed agency created to develop and manage the San Joaquin River Parkway, a planned 22-mile natural and recreational area in the floodplain extending from Friant Dam to Highway 99, adjacent to the Millerton Slake SRA. The Conservancy's mission includes acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

The Conservancy adopted a master plan for the parkway in 2000, which includes plans for its development and describes ownership of the land along the river. A majority of the land at the time of the master plan was in private lands, with the remaining lands in public ownership (both state and local). The Conservancy is in the process of updating its parkway master plan and environmental impact report. The updated plan will address the opportunities for habitat restoration, public access, and recreation presented by the 3,800 acres acquired to date for the parkway.

The Conservancy is funded from three sources: the San Joaquin River Conservancy Fund, the Environmental License Plate Fund, and several bond funds approved by state voters.

1. The San Joaquin River Conservancy Fund is generated primarily from lease revenue. These funds are used for fundamental property management.
2. The Conservancy receives a portion of California's Environmental License Plate Fund. These funds are generated by the sale of environmental license plates by the Department of Motor Vehicles in support of the California Environmental Protection Program.
3. State voters have authorized $86 million in four bond acts to be used at the Conservancy Board's discretion on land acquisition, planning, design, permitting, and construction to implement the San Joaquin River Parkway Master Plan. Approximately $36 million remain unspent as of June 2013. The Conservancy's goal is to authorize projects to use the remaining bond funds in the next five years. Bond funds from propositions 12, 13, 40, and 84, as well as grants and donations, provide funding for the Parkway's capital improvement projects. The California Wildlife Conservation Board assists the Conservancy in administering bond funds and associated grants.

The Conservancy is currently in the process of updating its parkway master plan and environmental impact report. According to the Conservancy, "The Parkway Master Plan has been the guiding policy document for over 15 years. The updated plan will address the opportunities for habitat restoration, public access, and recreation presented by the 3,800 acres acquired to date for the Parkway."

Related Legislation:

AB 2452 (Bronzan and Costa), Chapter 1012, Statutes of 1992, created the San Joaquin River Conservancy with a mission of acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

GOVERNOR'S VETO MESSAGE:

The bill requires the Department of Parks and Recreation to manage the land owned by the San Joaquin River Conservancy as an extension of Millerton Lake State Recreational Area.

This bill will not lead to the author's desired outcome. Regardless of whether the state entity manages the land or not, creating true public access to the San Joaquin River and the 5,900 acres adjacent to it can only be achieved if money is available and if private landowners are willing to sell. This bill, unfortunately, does not change this.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0005275

 THIRD READING  

Bill No: AB 3218

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/26/18

AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the California Department of Parks and Recreation (State Parks) to effectively manage the lands within its jurisdiction in the Millerton Lake State Recreation Area (SRA) adjacent to the San Joaquin River and authorizes State Parks to enter into an agreement with the San Joaquin River Conservancy (conservancy) to manage lands acquired by the conservancy adjacent to the Millerton Lake SRA.

ANALYSIS:

Existing law:

1. Establishes the State Parks in the California Natural Resources Agency. (Public Resources Code (PRC) §5002)
2. Designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified.
   1. State Parks controls the state park system which includes parks, beaches, historical sites and campgrounds, among other things. There are 280 units of the state park system, and the units in aggregate contain over 340 miles of coastline, 970 miles of river and lake frontage, 15,000 campsites and 4,500 miles of trails. California’s state park system is the largest and most diverse in the country.
   2. One of the units of the state park system is the Millerton Lake State Recreation Area (SRA).
3. Establishes the conservancy and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway (parkway), and lands adjacent on both sides of the river. (PRC §§32500 et seq.)
   1. The conservancy was created in 1992 (AB 2452, Costa and Bronzan, Chapter 1012, Statutes of 1992). The parkway is a planned 22-mile natural and recreational area in the floodplain extending from Friant Dam to Highway 99.
   2. The parkway is defined as the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing (PRC §32510) of which the majority is in private hands. In the same section, the conservancy is directed to acquire and manage the parkway lands. The conservancy is also charged with the operation and maintenance of the parkway and is required to close to the public any lands of facilities which it is unable to maintain, as specified, or is unable to adequately protect wildlife or adjacent neighbors from the public (PRC §32511).
   3. The conservancy’s board is also authorized to close to public use any conservancy lands where there are not adequate funds for management (PRC §32529).
4. Prohibits, for land acquisitions, the conservancy from exercising eminent domain (PRC §32525), and requires it to purchase land from willing sellers (PRC §32532).
5. Requires the conservancy to facilitate and coordinate with State Parks, the California Department of Fish and Wildlife, and local law enforcement and rescue agencies (PRC §32526). Additionally, the conservancy is specifically authorized to initiate, negotiate, and participate in agreements for the management of land under its ownership or control with local public agencies, state agencies and others (PRC §32538).

This bill:

1. Requires State Parks to effectively manage the lands within its jurisdiction in the Millerton Lake SRA adjacent to the San Joaquin River and authorizes State Parks to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the Millerton Lake SRA, as specified.
2. Requires the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale without using eminent domain.
3. Makes legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake SRA.

Background

Millerton Lake was created by construction of the 319 feet tall Friant Dam across the San Joaquin River in 1944. The Millerton Lake SRA offers hiking, wildlife viewing, boating and fishing, among other activities, and contains numerous visitor-serving facilities. State Parks has an operating agreement with the U.S. Bureau of Reclamation, which operates Friant Dam, to manage Millerton Lake SRA.

State Parks’ 2009 Central Valley Vision Implementation Plan (plan) notes that the Central Valley contains relatively fewer park lands than other areas and that there is a growing need for more parks, particularly in view of expected population growth. The plan calls for, among other things, adding 11 new parks of which one is the San Joaquin River Parkway. The plan also suggests a potential method for State Parks to facilitate access to other lands and facilities not under its ownership. The plan’s release appears to have roughly coincided with the financial crisis that resulted shortly thereafter in the risk of closure of up to 70 units of the state park system. State Parks undertook multiple years of reform efforts to, among other things, improve internal accounting, management and revenue generation that continue to the present day.

The conservancy adopted a master plan for the San Joaquin River Parkway in 2000 which includes plans for the development of the parkway, and describes ownership of the land along the river. This master plan was recently updated and a final environmental impact report certified at the April 2018 meeting of the conservancy’s board.

Comments

Redundant language. As noted above, the conservancy is already directed specifically in law to acquire the identified 5,900 acres for the parkway, and is already barred from using eminent domain to acquire property. State Parks has sufficient authority to enter into an agreement to assume management and operation of conservancy lands, and the conservancy’s existing law explicitly allows this possibility.

Few willing sellers along the San Joaquin River. In its founding statute, the conservancy was directed (and remains directed) to obtain – from willing sellers – certain lands along the San Joaquin River. Without willing sellers, the conservancy cannot acquire the lands. As recently as five years ago, according to readily-available data, the conservancy had over $30 million of bond funds available to spend on acquisitions. It appears that there are few willing sellers, although properties do periodically become available, such as the Spano River Ranch which was recently acquired.

Difficulty of funding ongoing parkway management and operation. Bond funds cannot be used for parkway management and operation. The conservancy has relatively limited sources of other revenue that apparently are fully dedicated already. It appears that limited access is allowed to some conservancy lands as a result, and there is community concern about public access. Lack of funding for management and operation is not a concern unique to the conservancy. This bill seeks to facilitate State Parks’ reaching an agreement to manage and operate conservancy lands (which is already possible under existing law, and is clearly contemplated in the conservancy’s existing statute).

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• One-time capital development cost pressures of up to $30 million (likely bond funds) if this bill is interpreted to require DPR to manage conservancy lands to provide recreational opportunities pursuant to the master plan.
• Ongoing annual costs pressures of up to $10 million (General Fund) for DPR to operate and maintain the parkway.

SUPPORT: (Verified 8/16/18)

California Partnership for the San Joaquin Valley

California State Parks Foundation

City of Fresno

City of Huron

County of Fresno

San Joaquin River Parkway and Conservation Trust

The Honorable William Oliver, Councilmember, City of Madera

OPPOSITION: (Verified 8/16/18)

None received

ARGUMENTS IN SUPPORT: According to the author, “[f]or 26 years, there have been efforts to establish a river parkway along the San Joaquin River from Millerton Lake to Highway 99. Residents of the Central Valley have long been promised the ability to enjoy the beautiful scenic area adjacent to the San Joaquin River. One issue in providing this recreational opportunity is operation and maintenance. AB 3218 is a logical attempt to solve the problem of operation and maintenance funding challenges that have plagued the current land available for public use.”

ASSEMBLY FLOOR: 78-0, 5/30/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/18/18 13:45:41

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 3218 (Arambula) - Millerton Lake State Recreation Area: acquisition of land

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill would require the Department of Parks and Recreation (DPR) to effectively manage the lands within its jurisdiction in the Millerton Lake State Recreation Area (SRA) adjacent to the San Joaquin River and authorizes DPR to enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the Conservancy adjacent to the SRA.

Fiscal Impact:

• One-time capital development cost pressures of up to $30 million (likely bond funds) if this bill is interpreted to require DPR to manage Conservancy lands to provide recreational opportunities pursuant to the master plan.
• Ongoing annual costs pressures of up to $10 million (General Fund) for DPR to operate and maintain the Parkway.

Background:

Millerton Lake was created by construction of the 319 feet tall Friant Dam across the San Joaquin River in 1944. The SRA offers hiking, wildlife viewing, boating and fishing, among other activities, and contains numerous visitor-serving facilities. State Parks has an operating agreement with the U.S. Bureau of Reclamation, which operates Friant Dam, to manage Millerton Lake SRA.

State Parks’ 2009 Central Valley Vision Implementation Plan notes that the Central Valley contains relatively fewer park lands than other areas and that there is a growing need for more parks, particularly in view of expected population growth. The plan calls for, among other things, adding 11 new parks of which one is the San Joaquin River Parkway The plan also suggests a potential method for State Parks to facilitate access to other lands and facilities not under its ownership.

The conservancy adopted a master plan for the San Joaquin River Parkway in 2000 which includes plans for the development of the parkway, and describes ownership of the land along the river. This master plan was recently updated and a final environmental impact report certified at the April 2018 meeting of the conservancy’s board.

Proposed Law:

This bill would require DPR to effectively manage the lands within its jurisdiction in the Millerton Lake SRA adjacent to the San Joaquin River and authorizes DPR to enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the Conservancy adjacent to the SRA.

This bill restates existing law provisions directing the Conservancy to acquire specified lands within its jurisdiction from willing sellers but requires the Conservancy to prioritize the purchase of lands that are adjacent and provide access to the SRA.

Staff Comments:

Utilizing costs identified by the Department during the development of the Central Valley Vision Plan as a base, the Department estimates additional annual operational costs for the areas identified in this bill at $10 million. Recognizing a significant level of development and restoration would be required to provide public access and safe recreational opportunities in the San Joaquin River Parkway, the Department estimates an additional $30 million in capital development costs.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB 3218 Hearing Date: June 26, 2018

Subject: Millerton Lake State Recreation Area: acquisition of land

BACKGROUND AND EXISTING LAW

Existing law establishes the California Department of Parks and Recreation (State Parks) in the California Natural Resources Agency (Public Resources Code (PRC) §5002).

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. State Parks controls the state park system which includes parks, beaches, historical sites and campgrounds, among other things. There are 280 units of the state park system, and the units in aggregate contain over 340 miles of coastline, 970 miles of river and lake frontage, 15,000 campsites and 4,500 miles of trails. California’s state park system is the largest and most diverse in the country. One of the units of the state park system is the Millerton Lake State Recreation Area (SRA).

Millerton Lake was created by construction of the 319 feet tall Friant Dam across the San Joaquin River in 1944. The SRA offers hiking, wildlife viewing, boating and fishing, among other activities, and contains numerous visitor-serving facilities. State Parks has an operating agreement with the U.S. Bureau of Reclamation, which operates Friant Dam, to manage Millerton Lake SRA.

State Parks’ 2009 Central Valley Vision Implementation Plan (plan) notes that the Central Valley contains relatively fewer park lands than other areas and that there is a growing need for more parks, particularly in view of expected population growth. The plan calls for, among other things, adding 11 new parks of which one is the San Joaquin River Parkway (described below). The plan also suggests a potential method for State Parks to facilitate access to other lands and facilities not under its ownership. The plan’s release appears to have roughly coincided with the financial crisis that resulted shortly thereafter in the risk of closure of up to 70 units of the state park system. State Parks undertook multiple years of reform efforts to, among other things, improve internal accounting, management and revenue generation that continue to the present day.

Existing law establishes the San Joaquin River Conservancy (conservancy) and prescribes the membership of and functions and duties of the conservancy with respect to the acquisition, conservation, and management of specified public lands within the San Joaquin River Parkway (parkway), and lands adjacent on both sides of the river. (PRC §§32500 et seq.) The conservancy was created in 1992 (AB 2452, Costa and Bronzan, Chapter 1012, Statutes of 1992). The parkway is a planned 22-mile natural and recreational area in the floodplain extending from Friant Dam to Highway 99.

The conservancy adopted a master plan for the San Joaquin River Parkway in 2000 which includes plans for the development of the parkway, and describes ownership of the land along the river. This master plan was recently updated and a final environmental impact report certified at the April 2018 meeting of the conservancy’s board.

The parkway is defined as the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing (PRC §32510) of which the majority is in private hands. In the same section, the conservancy is directed to acquire and manage the parkway lands. The conservancy is also charged with the operation and maintenance of the parkway and is required to close to the public any lands of facilities which it is unable to maintain, as specified, or is unable to adequately protect wildlife or adjacent neighbors from the public (PRC §32511). In a separate section, the conservancy’s board is again authorized to close to public use any conservancy lands where there are not adequate funds for management (PRC §32529).

For land acquisitions, existing law prohibits the conservancy from exercising eminent domain (PRC §32525), and it is required to purchase from willing sellers (PRC §32532).

Existing law further requires the conservancy to facilitate and coordinate with State Parks, the California Department of Fish and Wildlife, and local law enforcement and rescue agencies (PRC §32526). Additionally, the conservancy is specifically authorized to initiate, negotiate, and participate in agreements for the management of land under its ownership or control with local public agencies, state agencies and others (PRC §32538).

PROPOSED LAW

This bill would:

1. Require State Parks to effectively manage lands currently within its jurisdiction in the Millerton Lake SRA adjacent to the San Joaquin River, and would authorize State Parks to enter into an agreement with the conservancy to manage lands acquired by the conservancy adjacent to the SRA, as specified.
2. Require the conservancy to take action to acquire approximately 5,900 acres adjacent to both sides of the river, as specified, if those lands, or any portion of those lands, are offered for sale without using eminent domain.
3. Make legislative findings and declarations as to the necessity of a special statute for purposes of expanding the Millerton Lake SRA.

ARGUMENTS IN SUPPORT

According to the author, “[f]or 26 years, there have been efforts to establish a river parkway along the San Joaquin River from Millerton Lake to Highway 99. Residents of the Central Valley have long been promised the ability to enjoy the beautiful scenic area adjacent to the San Joaquin River. One issue in providing this recreational opportunity is operation and maintenance. AB 3218 is a logical attempt to solve the problem of operation and maintenance funding challenges that have plagued the current land available for public use.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

The challenge of land acquisition for the parkway. In its founding statute, the conservancy was directed (and remains directed) to obtain – from willing sellers and not by the exercise of eminent domain – certain lands along the San Joaquin River. If there are no willing sellers, the conservancy cannot acquire the lands. As recently as five years ago, according to readily-available data, the conservancy had over $30 million of bond funds available to spend on acquisitions. It appears that there are few willing sellers, although properties do periodically become available, such as the Spano River Ranch which was recently acquired.

The challenge of management and operation of acquired parkway lands. Bond funds cannot be used for parkway management and operation. The conservancy has relatively limited sources of other revenue that apparently are fully dedicated already. It appears that limited access is allowed to some conservancy lands as a result, and, for example at the recent April 2018 meeting of the conservancy board, there is community concern about public access. Lack of funding for management and operation is not a concern unique to the conservancy. This bill seeks to facilitate State Parks’ reaching an agreement to manage and operate conservancy lands (which is already possible under existing law, and is clearly contemplated in the conservancy’s existing statute).

Redundant language. As noted above, the conservancy is already directed specifically in law to acquire the identified 5,900 acres for the parkway, and is already barred from using eminent domain to acquire property. State Parks has sufficient authority to enter into an agreement to assume management and operation of conservancy lands, and the conservancy’s existing law explicitly allows this possibility.

SUPPORT

California Partnership for the San Joaquin Valley

California State Parks Foundation

City of Fresno

City of Huron

County of Fresno

San Joaquin River Parkway and Conservation Trust

The Honorable William Oliver, Councilmember, City of Madera

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 3218

Author:(Arambula)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires the Department of Parks and Recreation (DPR) acquire and manage specified lands adjacent to the San Joaquin River and authorizes a management agreement with the San Joaquin River Conservancy. Specifically, this bill:

1. Requires the DPR to effectively manage the lands within its jurisdiction in the Millerton Lake State Recreation Area (SRA) adjacent to the San Joaquin River and authorizes the DPR to enter into an agreement with the San Joaquin River Conservancy (Conservancy) to manage lands acquired by the Conservancy adjacent to the SRA.
2. This bill restates existing law provisions directing the Conservancy to acquire specified lands within its jurisdiction from willing sellers including the prohibition against the use of eminent domain for the land acquisitions.
3. Declares the need for a special statute under the California Constitution, Article IV, Section 16.

EXISTING LAW:

1. Establishes the DPR under the California Natural Resources Agency (CNRA), and charges it with management of the state parks system, including State Recreation Areas (SRAs). [Public Resources Code (PRC) Section 5002]
2. Establishes the San Joaquin River Conservancy (Conservancy) under the CNRA to acquire and manage public lands within the San Joaquin River Parkway, which shall consist of the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing. (PRC Section 32510)
3. Requires the Conservancy be responsible for operation and maintenance of the parkway. The conservancy shall close to the public any lands or facilities which it is unable to maintain in a clean and safe manner and to adequately protect the wildlife and rights of adjacent property owners from the public, including areas downstream from the Highway 99 crossing affected by the use of the parkway. (PRC Section 32511)
4. Declares the necessity of a special statute for the expansion of Millerton Lake SRA. (California Constitution, Article 16, Section 16).

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. One-time capital development cost pressures of up to $30 million (likely bond funds) if this bill is interpreted to require DPR to manage Conservancy lands to provide recreational opportunities pursuant to the master plan.
2. Ongoing annual costs pressures of up to $10 million GF for DPR to operate and maintain the parkway.

COMMENTS:

Background and Purpose: The purpose of this bill is to authorize the DPR to enter into an agreement with the Conservancy to manage the parkway. Although, the bill is silent on how or by whom the management of the parkway will be funded. Despite legislation creating the San Joaquin River Conservancy (Conservancy), discussed below, the author argues that the "dream of having a continuous parkway is not a reality."

Millerton Lake SRA and the State Park System. The state parks system consists of parks, campgrounds monuments, historical sites, and more. With 280 state park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 4,500 miles of trails, the system contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. The system is broken into different types of parks including: museums, natural and cultural preserves, natural reserves, off-highway vehicle recreation areas, parks, seashores and recreation areas, among others.

According to the DPR, "With over 40 miles of shore land for water sports, this (Millerton Lake) SRA offers visitors swimming, fishing, and boating. The hills surrounding the lake provide good hiking opportunities. Wildlife in the park includes ground squirrels, cottontails, mule deer, badgers and bald and golden eagles. During winter, the park has special boat tours to view the bald eagles."

The lake was created by construction of the Friant Dam across the San Joaquin River in 1944. The park's camping facilities include boat camping. The park contains the original Millerton County Courthouse, built in 1867 and, including the lake itself, mainly shoreline surrounding the lake and tributaries.

The San Joaquin River Conservancy. The Conservancy is a regionally governed agency created to develop and manage the San Joaquin River Parkway, a planned 22-mile natural and recreational area in the floodplain extending from Friant Dam to Highway 99, adjacent to the Millerton Slake SRA. The Conservancy's mission includes acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

The Conservancy adopted a master plan for the parkway in 2000, which includes plans for its development and describes ownership of the land along the river. A majority of the land at the time of the master plan was in private lands, with the remaining lands in public ownership (both state and local). The Conservancy is in the process of updating its parkway master plan and environmental impact report. The updated plan will address the opportunities for habitat restoration, public access, and recreation presented by the 3,800 acres acquired to date for the parkway.

The Conservancy is funded from three sources: the San Joaquin River Conservancy Fund, the Environmental License Plate Fund, and several bond funds approved by state voters.

1. The San Joaquin River Conservancy Fund is generated primarily from lease revenue. These funds are used for fundamental property management.
2. The Conservancy receives a portion of California's Environmental License Plate Fund. These funds are generated by the sale of environmental license plates by the Department of Motor Vehicles in support of the California Environmental Protection Program.
3. State voters have authorized $86 million in four bond acts to be used at the Conservancy Board's discretion on land acquisition, planning, design, permitting, and construction to implement the San Joaquin River Parkway Master Plan. Approximately $36 million remain unspent as of June 2013. The Conservancy's goal is to authorize projects to use the remaining bond funds in the next five years. Bond funds from propositions 12, 13, 40, and 84, as well as grants and donations, provide funding for the Parkway's capital improvement projects. The California Wildlife Conservation Board assists the Conservancy in administering bond funds and associated grants.

The Conservancy is currently in the process of updating its parkway master plan and environmental impact report. According to the Conservancy, "The Parkway Master Plan has been the guiding policy document for over 15 years. The updated plan will address the opportunities for habitat restoration, public access, and recreation presented by the 3,800 acres acquired to date for the Parkway."

Related Legislation:

AB 2452 (Bronzan and Costa), Chapter 1012, Statutes of 1992 created the San Joaquin River Conservancy with a mission of acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0003333

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3218

Author:(Arambula) – As Amended Ver:April 25, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Parks and Recreation (DPR) to effectively manage the lands within its jurisdiction in the Millerton Lake State Recreation Area (SRA) adjacent to the San Joaquin River and authorizes DPR to enter into an agreement with the San Joaquin River Conservancy (Conservancy) to manage lands acquired by the Conservancy adjacent to the SRA.

This bill restates existing law provisions directing the Conservancy to acquire specified lands within its jurisdiction from willing sellers but requires the Conservancy to prioritize the purchase of lands that are adjacent and provide access to the SRA.

FISCAL EFFECT:

1. One-time capital development cost pressures of up to $30 million (likely bond funds) if this bill is interpreted to require DPR to manage Conservancy lands to provide recreational opportunities pursuant to the master plan.
2. Ongoing annual costs pressures of up to $10 million GF for DPR to operate and maintain the Parkway.

COMMENTS:

1. Background and Purpose. The San Joaquin River Conservancy (Conservancy) was created in 1992 to acquire, develop and manage the San Joaquin River Parkway (Parkway), a planned 22-mile natural and recreational area in the floodplain extending from Friant Dam to Highway 99. The Conservancy’s mission includes acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

The Conservancy adopted a master plan for the Parkway in 2000, which includes plans development and describes ownership of the land along the river. A majority of the land at the time of the master plan was in private lands, with the remaining lands in public ownership (both state and local). The Conservancy is in the process of updating its parkway master plan and environmental impact report. The updated plan will address the opportunities for habitat restoration, public access, and recreation presented by the 3,800 acres acquired to date for the Parkway.

The Conservancy is funded from three sources: the San Joaquin River Conservancy Fund, the Environmental License Plate Fund, and several bond funds approved by state voters.

Bond funds from propositions 12, 13, 40, and 84, as well as grants and donations, provide funding for the Parkway’s capital improvement projects. State voters have authorized $86 million in four bond acts for the Conservancy to use for land acquisition, planning, design, permitting, and construction to implement the San Joaquin River Parkway Master Plan.  Approximately $36 million remains unspent. The Conservancy’s goal is to authorize projects to use the remaining bond funds in the next five years.

Bonds provide money for land acquisition and capital outlay, but do not provide resources for ongoing operations and maintenance. The Conservancy is not currently staffed or funded to manage the Parkway as a public recreational resource.

The Conservancy is adjacent to the Millerton Lake SRA, owned by United States Bureau of Reclamation and leased for operations by DPR. The lake was created by construction of the Friant Dam across the San Joaquin River in 1944. The park’s camping facilities include boat camping. The park contains the original Millerton County Courthouse, built in 1867 and, including the lake itself, mainly shoreline surrounding the lake and tributaries.

The purpose of this bill is to authorize DPR to enter into an agreement with the Conservancy to manage the Parkway. Although, the bill is silent on how or by whom the management of the parkway will be funded.

1. Willing Sellers. This bill requires the Conservancy to prioritize land acquisition adjacent to the SRA. Since the Conservancy is required, by this bill and its enabling statute, to purchase land from willing sellers, the ability to prioritize acquisitions is limited by what is available. The author may wish to strike this provision from the bill.
2. Prior Legislation. AB 2452 (Costa), Chapter 1012, Statutes of 1992, created the San Joaquin River Conservancy with a mission of acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 3218 (

Author:Arambula) – As Amended Ver:April 2, 2018

SUBJECT: Millerton Lake State Recreation Area: acquisition of land

SUMMARY: Requires the Department of Parks and Recreation (DPR) acquire and manage specified lands adjacent to the San Joaquin River. Specifically, this bill:

1. Requires the DPR to take action to acquire 5,900 acres adjacent to the San Joaquin River, downstream of Friant Dam and before Highway 99, which may have the effect of expanding Millerton Lake State Recreation Area (SRA).
2. Requires the DPR to effectively manage lands currently within the Millerton Lake SRA.
3. Prohibits the use of eminent domain for the land acquisitions.
4. Declares the need for a special statute under Section 16 of Article IV of the Constitution.

EXISTING LAW:

1. Establishes the DPR under the California Natural Resources Agency (CNRA), and charges it with management of the state parks system, including State Recreation Areas (SRAs). [Public Resources Code (PRC) Section 5002]
2. Establishes the San Joaquin River Conservancy (SJRC) under the CNRA to acquire and manage public lands within the San Joaquin River Parkway, which shall consist of the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing. (PRC Section 32510)
3. Requires the SJRC be responsible for operation and maintenance of the parkway. The conservancy shall close to the public any lands or facilities which it is unable to maintain in a clean and safe manner and to adequately protect the wildlife and rights of adjacent property owners from the public, including areas downstream from the Highway 99 crossing affected by the use of the parkway. (PRC Section 32511)
4. Declares the necessity of a special statute for the expansion of Millerton Lake SRA. (Section 16, Article 16, of the State Constitution)

FISCAL EFFECT: Unknown

COMMENTS:

Author’s Statement:

For 26 years, there have been efforts to establish a river park way along the San Joaquin River from Millerton Lake to Highway 99. Residents of the Central Valley have long been promised the ability to enjoy the beautiful scenic area adjacent to the San Joaquin River. One issue in providing this recreational opportunity is operation and maintenance. AB 3218 is a logical attempt to solve the problem of operation and maintenance funding challenges that have plagued the current land available for public use.

Background and Purpose: According to the author, this bill extends the Millerton State Recreational Area to include the areas of the San Joaquin River Parkway currently managed by the San Joaquin River Conservancy in order to allow for operation and maintenance to be handled by the DPR through the Millerton State Recreation Area. Despite legislation creating the San Joaquin River Conservancy (SJRC), discussed below, the author argues that the “dream of having a continuous parkway is not a reality.”

Millerton Lake SRA and the State Park System. The state parks system consists of parks, campgrounds monuments, historical sites, and more. With 280 state park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 4,500 miles of trails, the system contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. The system is broken into different types of parks including: museums, natural and cultural preserves, natural reserves, off-highway vehicle recreation areas, parks, seashores and recreation areas, among others.

According to the DPR, “With over 40 miles of shore land for water sports, this (Millerton Lake) SRA offers visitors swimming, fishing, and boating. The hills surrounding the lake provide good hiking opportunities. Wildlife in the park includes ground squirrels, cottontails, mule deer, badgers and bald and golden eagles. During winter, the park has special boat tours to view the bald eagles.”

The lake was created by construction of the Friant Dam across the San Joaquin River in 1944. The park’s camping facilities include boat camping. The park contains the original Millerton County Courthouse, built in 1867 and, including the lake itself, mainly shoreline surrounding the lake and tributaries.

The San Joaquin River Conservancy. The San Joaquin River Conservancy (SJRC) is a regionally governed agency created to develop and manage the San Joaquin River Parkway, a planned 22-mile natural and recreational area in the floodplain extending from Friant Dam to Highway 99. The Conservancy’s mission includes acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

The SJRC adopted a master plan for the San Joaquin River Parkway in 2000, which includes plans for the development of the parkway, and describes ownership of the land along the river. A majority of the land at the time of the master plan was in private lands, with the remaining lands in public ownership (both state and local).

The SJRC is funded from three sources: the San Joaquin River Conservancy Fund, the Environmental License Plate Fund, and several bond funds approved by state voters.

• The San Joaquin River Conservancy Fund is generated primarily from lease revenue. These funds are used for fundamental property management.
• The Conservancy receives a portion of California’s Environmental License Plate Fund. These funds are generated by the sale of environmental license plates by the Department of Motor Vehicles in support of the California Environmental Protection Program.
• State voters have authorized $86 million in four bond acts to be used at the Conservancy Board’s discretion on land acquisition, planning, design, permitting, and construction to implement the San Joaquin River Parkway Master Plan.  Approximately $36 million remain unspent as of June 2013. The Conservancy’s goal is to authorize projects to use the remaining bond funds in the next five years. Bond funds from propositions 12, 13, 40, and 84, as well as grants and donations, provide funding for the Parkway’s capital improvement projects. The California Wildlife Conservation Board assists the Conservancy in administering bond funds and associated grants.

The SJRC is currently in the process of updating its parkway master plan and environmental impact report. According to the SJRC, “The Parkway Master Plan has been the guiding policy document for over 15 years. The updated plan will address the opportunities for habitat restoration, public access, and recreation presented by the 3,800 acres acquired to date for the Parkway.”

The Challenge of Land Acquisition. As discussed above, and proposed in the bill, purchase of land along the San Joaquin River may not be completed using eminent domain. Therefore, there must be a willing buyer and willing seller. For several years the SJRC was allocated budget funding but was unable to expend funding due to lack of willing sellers in the area. In its analysis of the 2010-11 Budget Act, the Legislative Analyst’s Office made the following recommendations:

The Legislature should withhold its approval of this re-appropriation ($11.6 million Proposition 40 bond funds) for San Joaquin River conservation, pending demonstration by the board and the conservancy why appropriating this funding would result in physical projects. (The board has only spent 3 percent [for administration] in 6 years since original $12 million appropriation.)

The Legislature should withhold its approval of this re-appropriation ($11 million Proposition 84 bond funds) for San Joaquin River conservation, pending demonstration by the board and conservancy why appropriating this funding would result in physical projects. (The board has not spent any of the original $11 million appropriation from 2007.)

The discussion, at the time, focused on the challenge of acquisition of land in the area. Subsequent to this legislation, acquisitions have continued, including a recent purchase of the Spano River Ranch for habitat enhancement. The Wildlife Conservation Board has assisted the SJRC in its management of bond funds and grants.

Would This Bill Create a Parkway or Expand the SRA for Public Use? This bill shifts the purchasing agent from the SJRC through the Wildlife Conservation Board to the DPR and requires the DPR to effectively manage the Millerton Lake SRA. It does not, however, designate the San Joaquin River parkway as part of the Millerton Lake SRA. Nor does this bill afford the DPR more authority than the SJRC already maintains. Suggested amendments (below) discuss an alternative that may allow the continued work of the SJRC while partnering with the state parks system to manage the acquisitions in conjunction with Millerton SRA. The challenges of acquiring lands would likely not change with a change of purchasing agent. However, if the desire is to use the resources of the DPR, the amendments below would specifically allow for that type of partnership.

Related Legislation:

AB 2452 (Bronzan and Costa), Chapter 1012, Statutes of 1992 created the San Joaquin River Conservancy with a mission of acquiring approximately 5,900 acres from willing sellers; developing, operating, and managing those lands for public access and recreation; and protecting, enhancing, and restoring riparian and floodplain habitat.

Committee Amendments: The following amendments would provide for the continued use of the San Joaquin River Conservancy as the land acquisition agent, while allowing the DPR to participate in purchases and follow through with ongoing management through a partnership agreement.

In addition to technical and conforming amendments, the following substantive amendments are offered:

On page 2, in line 6, strike out “shall”, strike out lines 7 to 10, inclusive, and insert:

may enter into an agreement with the San Joaquin River Conservancy to manage lands acquired by the conservancy adjacent to the state recreation area that are acquired by the conservancy pursuant to Section 32539.

On page 2, Strike out lines 11 to 13, inclusive, and insert:

SEC. 2. Section 32539 is added to the Public Resources Code, to read:

32539. (a) The conservancy shall take all necessary action to acquire approximately 5,900 acres adjacent to both sides of the San Joaquin River between Friant Dam and Highway 99 if those lands, or any portion of those lands, are offered for sale.

(b) The conservancy shall prioritize the purchase of lands described in subdivision (a) that are adjacent and provide access to Millerton Lake State Recreation Area.

(c) The conservancy shall not use the power of eminent domain to acquire any lands pursuant to this section.

Supporting Arguments: Supporters argue that this bill will bring “much needed operation and maintenance funding to the San Joaquin River Parkway.” They argue that this bill will help expand recreation opportunities for the Valley and increase open-space by making the San Joaquin River Parkway a reality and extending the Millerton State Recreation Area to provide more access to the parkway.

Opposing Arguments: None on File.

REGISTERED SUPPORT / OPPOSITION:

Support

San Joaquin River Parkway & Conservation Trust

Opposition

None on file

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096