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

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

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Bill Title: Lower American River Conservancy Program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-16 - Chaptered by Secretary of State - Chapter 375, Statutes of 2016. [AB1716 Detail]

Download: California-2015-AB1716-Introduced.html

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BILL NUMBER: AB 1716	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members McCarty and Cooley
   (Coauthor: Senator Pan)

                        JANUARY 27, 2016

   An act to add Division 22.2 (commencing with Section 32280) to the
Public Resources Code, relating to the Lower American River
Conservancy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1716, as introduced, McCarty. Lower American River 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.  Division 22.2 (commencing with Section 32280) is added
to the Public Resources Code, to read:

      DIVISION 22.2.  Lower American River Conservancy


   32280.  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 California's most important
natural environments, providing recreational, environmental, and
educational opportunities to more than 8,000,000 visitors each year.
It also serves as a unique urban greenbelt composed of more than
5,000 acres and lying immediately 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 Parkway's
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
Parkway's 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 person's 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.