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AB-2633 Protection of parklands: American River Parkway: County of Sacramento: removal of persons engaged in the act of unpermitted camping and clearing of unpermitted campsites.(2021-2022)



Current Version: 06/16/22 - Amended Senate

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AB2633:v94#DOCUMENT

Amended  IN  Senate  June 16, 2022
Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  April 27, 2022
Amended  IN  Assembly  April 19, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2633

Introduced by Assembly Member Cooley
(Principal coauthor: Assembly Member McCarty)
(Coauthors: (Coauthor: Assembly Members Cooper and McCarty) Member Cooper)

February 18, 2022

An act to add Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, relating to parklands.


LEGISLATIVE COUNSEL'S DIGEST


AB 2633, as amended, Cooley. Protection of parklands: American River Parkway: County of Sacramento: removal of unpermitted campers persons engaged in the act of unpermitted camping and clearing of unpermitted campsites.
Existing law authorizes a county board of supervisors, in order to protect county parks from damage and preserve the peace in them, to confer on the county officer in charge of parks, and on other uniformed park employees that it may designate, the authority to issue citations for specified violations committed within a county park, as provided. Existing law authorizes the establishment of a regional park district, regional park and open-space district, and regional open-space district, as provided.
When a state agency, city, county, city and county, special district, or other political subdivision obtains possession of personal property from a person for temporary safekeeping, existing law requires that entity to take responsibility for the storage, documentation, and disposition of the property and to provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property, as specified.
This bill would authorize the Board of Supervisors of the County of Sacramento to order the removal of persons engaging in the act of unpermitted campers camping or the clearing of unpermitted campsites from the American River Parkway, as defined, to protect and preserve sensitive natural habitat, critical wildlife, flood infrastructure, recreational activities, public facilities, public safety, or the adjacent community from significant environmental or other degradation. for specified purposes. The bill would require the board, at least 72 hours before removing an a person engaged in the act of unpermitted camper camping or clearing an unpermitted campsite, to provide written notice to the camper that person or campsite occupant of its intent to take that action, except when there is an imminent danger to human health or safety or an emergency. The bill would also require the board danger, to use a harm-reduction and trauma-informed approach when removing unpermitted campers that person, and to ensure that, during the removal of an unpermitted camper, that person, the camper person receives access to onsite support services, as specified. The bill would require the board to make its best efforts to use all available funding and resources to provide immediate housing and services to those displaced unpermitted campers. persons. The bill would require the board, consistent with applicable law and any applicable agreements, to preserve, store, and make easily accessible to the owner, as close to the American River Parkway as possible, any personal property that is removed or cleared if the owner of the personal property, or the owner’s designee, is present when the personal property is removed or cleared. The bill would require the County of Sacramento to ensure that demographic information of those displaced unpermitted campers persons is entered into the local coordinated entry system. To the extent this bill would mandate that a local government provide a new program or higher level of service, the bill would impose a state-mandated local program.
This bill would state that its provisions are severable.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the American River Parkway.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The state has a compelling interest in the protection of the American River Parkway’s natural resources and the health and safety of the 8,000,000 annual visitors the parkway receives.
(b) The protection and health of the American River Parkway’s natural and recreational resources are of national and statewide interest as recognized in the designation of the Lower American River as part of the National Wild and Scenic Rivers System pursuant to Chapter 28 (commencing with Section 1271) of Title 16 of the United States Code and as part of the California Wild and Scenic Rivers System pursuant to the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code).
(c) The American River Parkway provides critical habitat for several fish and wildlife species that are protected through the federal Endangered Species Act (Chapter 35 (commencing with Section 1531) of Title 16 of the United States Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), the California species of special concern laws, the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.), and other laws.
(d) The Legislature has also recognized the critical importance of the American River Parkway’s resources through the enactment of additional laws, including the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5 of the Public Resources Code), the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5 of the Public Resources Code), the Lower American River Conservancy Program Act (Chapter 10.5 (commencing with Section 5845) of Division 5 of the Public Resources Code), and by allocating tens of millions of dollars for the protection, enhancement, and restoration of, and additions to, the parkway’s natural and recreational resources.
(e) The state has a compelling interest in preventing wildfires that destroy the American River Parkway’s important wildlife habitat, threaten the safety of parkway visitors, and threaten to spread to nearby neighborhoods, further threatening public health and safety.
(f) In recent years, the number of human-caused wildfires in the American River Parkway have significantly increased destruction of critical wildlife habitat areas, destroyed restoration sites, including habitat that provided mitigation for other habitat damaging projects, damaged critical infrastructure, and created significant public health and safety concerns.
(g) The risk of wildfires is expected to significantly increase in coming years as a result of climate change.
(h) Fire emanating from unpermitted campsites is a major cause of wildfires in the American River Parkway and have caused extensive damage to the parkway’s natural and recreational resources and threatened the health and safety of parkway visitors.
(i) Unpermitted campsites in the American River Parkway are often located within the parkway’s flood zones, creating risks to persons that are camping in those locations during times of high water flows.
(j) In addition to the threat of increased wildfires, unpermitted campsites often destroy or otherwise damage the ecological value of wildlife habitat by removing or trampling vegetation, causing contamination of lands and waters, displacing wildlife concerned about the presence of dogs, adding artificial nighttime light, and causing other adverse factors.
(k) Damage to the American River Parkway from these causes can result in permanent losses to these vital and often irreplaceable natural resources. Even where wildlife habitat can be restored, it can take generations of time before the habitat matures to adequately replace the lost natural values.
(l) Accordingly, the state has a compelling interest in supporting the County of Sacramento’s exercise of its land ownership, management, and other authorities to prevent damage from wildfires and flooding and to protect the American River Parkway’s natural and recreational values, including, but not limited to, the removal of unpermitted campsites that are located in areas that are at risk of wildfire or flooding, may destroy, damage, or reduce the ecological value of wildlife habitat or otherwise threaten public health and safety, or interfere with legal uses of the parkway.

SECTION 1.SEC. 2.

 Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read:
Article  8. Protection of Parklands

5385.
 (a)For purposes of this section, article, the following definitions apply:

(1)

(a) “American River Parkway” means the same as set forth in Section 5841.

(2)

(b) “Emergency” has the same meaning as defined in Section 21060.3.

(3)

(c) “Governing body” means the Board of Supervisors of the County of Sacramento.

(4)

(d) “Imminent danger” means a danger that could be reasonably expected either to immediately cause death or serious physical harm or to cause death or serious physical harm before the danger can be eliminated, including, but not limited to, an active wildfire or a flood likely to occur within 24 hours.

(b)(1)The

5386.
 (a) (1) The governing body may order the removal of persons engaging in the act of unpermitted campers camping or the clearing of unpermitted campsites from the American River Parkway to for any of the following purposes:
(A) To prevent wildfires, including by removing campsites from areas with significant wildfire risk.
(B) To protect and preserve sensitive natural habitat, critical wildlife, fish and wildlife and their habitat.
(C) To protect flood infrastructure, infrastructure or remove campsites from flood zones.
(D) To protect recreational resources, activities, and other public facilities, facilities.
(E) To protect public safety, or the health and safety.
(F) To protect adjacent community communities from wildfire risk, flooding risk, or other significant environmental or other degradation. harm.
(2) At Except when there is imminent danger, at least 72 hours before removing an a person engaged in the act of unpermitted camper camping or clearing an unpermitted campsite pursuant to an order issued pursuant to paragraph (1), the governing body shall do all of the following:
(A) Provide written notice to the camper person engaged in the act of unpermitted camping or campsite occupant of its intent to take that action, except when there is an imminent danger to human health or safety or an emergency. action.
(B) Use a harm-reduction and trauma-informed approach when removing unpermitted campers. a person engaged in the act of unpermitted camping.
(C) Ensure that, during the removal of an a person engaged in the act of unpermitted camper camping pursuant to an order issued pursuant to paragraph (1), the camper person receives access to onsite support services, including, but not limited to, onsite support services that provide or connect the camper person with temporary or permanent housing resources.

(3)

(b) (1) The governing body shall make its best efforts to use all available funding and resources, including, but not limited to, the Homeless Housing, Assistance, and Prevention Program (Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code), the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code), and the Children’s Mental Health Services Act (Part 4 (commencing with Section 5850) of Division 5 of the Welfare and Institutions Code) to provide immediate housing and services to unpermitted campers persons engaged in the act of unpermitted camping who are displaced pursuant to this section.
(2) Notwithstanding paragraph (1), the unavailability of housing or services does not prohibit the governing body from removing persons engaged in the act of unpermitted camping or removing unpermitted campsites from the American River Parkway pursuant to this article.

(4)

(c) Consistent with applicable law, including Section 2080.10 of the Civil Code, and any applicable agreements, the governing body shall preserve, store, and make easily accessible to the owner, as close to the American River Parkway as possible, any personal property that is removed or cleared pursuant to an order issued pursuant to paragraph (1) subdivision (a) if the owner of the personal property, or the owner’s designee, is present when the personal property is removed or cleared.

(c)

(d) The County of Sacramento shall ensure that the demographic information of unpermitted campers persons engaged in the act of unpermitted camping who are displaced pursuant to this section is entered into the local coordinated entry system.

5387.
 This article does not impose any criminal penalties, increase or decrease any criminal penalties imposed by other laws, or limit the County of Sacramento’s authority under other laws.

SEC. 3.

 The provisions of Section 2 of this act are severable. If any provision of that section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 2.SEC. 4.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the Board of Supervisors of the County of Sacramento regarding the management of vulnerable environmental resources in the American River Parkway.

SEC. 3.SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.