Section § 32510

Explanation

The San Joaquin River Conservancy is part of California's Resources Agency. It's tasked with acquiring and managing public lands along the San Joaquin River Parkway, spanning from Friant Dam to where the river crosses Highway 99.

This area totals about 5,900 acres, split between Madera County and Fresno County. The conservancy's goal is to support recreational and educational use while protecting wildlife and natural resources in the area.

The San Joaquin River Conservancy is hereby established in the Resources Agency 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. Approximately 1,900 acres of the parkway shall be located in Madera County and 4,000 acres in Fresno County, of which approximately 1,250 acres are already in public ownership. The conservancy shall acquire and manage these lands in the parkway to provide a harmonious combination of low-impact recreational and educational uses and wildlife protection through the preservation of the San Joaquin River, existing publicly owned lands, the wildlife corridor, and natural reserves.

Section § 32511

Explanation

This section says that the conservancy is in charge of running and keeping up the parkway. If they can't keep any part of it clean, safe, or able to protect wildlife and nearby property owners' rights, they must close those areas to the public. This also includes lands downstream from the Highway 99 crossing that are affected by the parkway's use.

The conservancy shall 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.

Section § 32512

Explanation

This law states that the conservancy has authority over the parts of the parkway that it owns or has acquired.

The area under the jurisdiction of the conservancy includes that area of the parkway which is acquired by the conservancy.

Section § 32513

Explanation

This law defines the areas that fall under the jurisdiction of the conservancy. It includes land and water used for parkway purposes, public lands managed by the conservancy for other agencies, and private lands that either need conservation services or are managed under a voluntary agreement.

The jurisdiction of the conservancy consists of land and water areas acquired for parkway use within the parkway whether by purchase or lease; other public lands operated by the conservancy on behalf of another public agency; and private lands which are in a land mitigation bank or which are adjacent to the parkway and downstream from the Highway 99 crossing and for which the owner desires the conservancy’s management and protection services or which are subject to a voluntary resource management agreement entered into with the conservancy.

Section § 32514

Explanation

This law section explains that the conservancy is responsible for coordinating with state and local agencies as well as private groups interested in the San Joaquin River and its resources. Although these agencies keep ownership of any land they have in the parkway, they can agree to let the conservancy manage that land. If no public agency is managing the area, the conservancy will take on that role. However, zoning and land use decisions are still up to the individual agencies who are part of the conservancy.

The conservancy shall coordinate the activities of state and local agencies and private entities interested in the San Joaquin River and its resources. State and local agencies shall retain title to any land owned within the boundaries of the parkway. Local agencies may enter into an agreement to transfer responsibility for the management of the land to the conservancy. Where there is no state or local public agency with operating and management responsibility, the conservancy shall exercise that responsibility. All zoning or land use regulations shall remain the exclusive authority of the member agencies.

Section § 32515

Explanation

This section describes how the governing board of the conservancy is to be composed and who appoints its 16 voting members. Members include local government officials from Fresno and Madera counties, representatives from the Fresno Metropolitan Flood Control District and Madera Irrigation District, and three public members from specified areas.

It also includes a Californian Native American tribe member, a youth member aged 18-26 not holding any elected position, and representatives from various state departments like Fish and Wildlife, Parks and Recreation, Finance, and others with specific appointing authority given to figures like the Governor and the Senate Committee on Rules.

(a)CA Public Resources Code § 32515(a) The governing board of the conservancy shall consist of 16 voting members.
(b)CA Public Resources Code § 32515(b) The 16 voting members of the board shall consist of the following:
(1)CA Public Resources Code § 32515(b)(1) One member of the Board of Supervisors of Fresno County appointed by a majority of the members of that board. A majority of the members of the Board of Supervisors of Fresno County may appoint an alternate member from that board.
(2)CA Public Resources Code § 32515(b)(2) The Mayor of the City of Fresno or a member of the Fresno City Council designated by the Mayor of the City of Fresno. The Mayor of the City of Fresno may designate an alternate member from the Fresno City Council.
(3)CA Public Resources Code § 32515(b)(3) One member of the Board of Supervisors of Madera County appointed by a majority of the members of that board. A majority of the members of the Board of Supervisors of Madera County may appoint an alternate from that board.
(4)CA Public Resources Code § 32515(b)(4) The Mayor of the City of Madera or a member of the Madera City Council designated by the Mayor of the City of Madera. The Mayor of the City of Madera may designate an alternate member from the Madera City Council.
(5)Copy CA Public Resources Code § 32515(b)(5)
(A)Copy CA Public Resources Code § 32515(b)(5)(A) The Chairperson of the Board of Directors of the Fresno Metropolitan Flood Control District or the Chairperson of the Board of Directors of the Madera Irrigation District.
(B)CA Public Resources Code § 32515(b)(5)(A)(B) The Chairpersons of the Fresno Metropolitan Flood Control District and the Madera Irrigation District shall rotate appointments, with each chairperson serving for one term before rotating to the other chairperson. Notwithstanding Section 32517, each chairperson shall serve two-year terms.
(C)CA Public Resources Code § 32515(b)(5)(A)(C) Each chairperson may appoint a designee to the board.
(6)CA Public Resources Code § 32515(b)(6) Three public members, one of whom shall be a resident of Fresno County, one of whom shall be a resident of Madera County, and one of whom shall be a resident of the City of Fresno. The members shall be appointed according to all of the following procedures:
(A)CA Public Resources Code § 32515(b)(6)(A) The Senate Committee on Rules shall appoint the resident of Fresno County from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Fresno County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support outdoor recreation, conservation, environmental justice, or social justice issues. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Senate Committee on Rules. If the board of supervisors does not submit the list within that time, the Senate Committee on Rules may appoint a resident of Fresno County nominated by nonprofit organizations that have a presence within Fresno County and support outdoor recreation, conservation, environmental justice, or social justice issues.
(B)CA Public Resources Code § 32515(b)(6)(B) The Speaker of the Assembly shall appoint the resident of Madera County from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Madera County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support outdoor recreation, conservation, environmental justice, or social justice issues. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Speaker of the Assembly. If the board of supervisors does not submit the list within that time, the Speaker of the Assembly may appoint a resident of Madera County nominated by nonprofit organizations that have a presence within Madera County and support outdoor recreation, conservation, environmental justice, or social justice issues.
(C)CA Public Resources Code § 32515(b)(6)(C) The Governor shall appoint the resident of the City of Fresno from a list of candidates submitted by the Fresno City Council.
(7)CA Public Resources Code § 32515(b)(7) One member of a California Native American tribe appointed by the Governor from a list of candidates submitted by local tribal organizations.
(8)Copy CA Public Resources Code § 32515(b)(8)
(A)Copy CA Public Resources Code § 32515(b)(8)(A) One youth member appointed by the Governor from lists submitted by either of the following:
(i)CA Public Resources Code § 32515(b)(8)(A)(i) Youth-serving nonprofit organizations that have a presence within Fresno County or Madera County.
(ii)CA Public Resources Code § 32515(b)(8)(A)(ii) Institutions of higher education within Fresno County or Madera County.
(B)CA Public Resources Code § 32515(b)(8)(A)(B) The youth member shall be a resident of Fresno County or Madera County and 18 to 26 years of age, inclusive, and shall not be an elected official.
(9)CA Public Resources Code § 32515(b)(9) The Executive Director of the Wildlife Conservation Board or a member of the executive director’s staff designated by the executive director.
(10)CA Public Resources Code § 32515(b)(10) The Secretary of the Natural Resources Agency or a member of the secretary’s staff designated by the secretary.
(11)CA Public Resources Code § 32515(b)(11) The Director of Fish and Wildlife or a member of the director’s staff designated by the director.
(12)CA Public Resources Code § 32515(b)(12) The Director of Parks and Recreation or a member of the director’s staff designated by the director.
(13)CA Public Resources Code § 32515(b)(13) The Director of Finance or a member of the director’s staff designated by the director.
(14)CA Public Resources Code § 32515(b)(14) The Executive Officer of the State Lands Commission or a member of the executive officer’s staff designated by the executive officer.

Section § 32516

Explanation

This law states that more than half of the board's voting members are required to be present for them to make official decisions. Additionally, the board's meetings must follow the rules set out in the Bagley-Keene Open Meeting Act, which ensures that meetings are open and accessible to the public.

A quorum shall constitute a majority of the voting members of the board. Meetings of the governing board shall be 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).

Section § 32517

Explanation

Board members serve for four years. If a member stops being an elected or appointed official, they automatically lose their board position. Also, if a board member must live in a specific area and moves away, their spot becomes vacant.

The voting members of the board shall serve for four-year terms. Any member who is an elected or appointed official who ceases to hold that office shall automatically cease to be a member of the board. The office of any member of the board who is required to be a resident of a member agency shall become vacant upon that member ceasing to be a resident of the member agency.

Section § 32518

Explanation

This law states that board members who are neither elected nor appointed officials can be paid up to $75 per day when they attend meetings or engage in board business. However, their total payment cannot exceed $450 in a year. They can also be reimbursed for any real and necessary expenses they incur. Importantly, members can choose to not receive this payment if they wish.

Members who are not elected or appointed officials shall receive compensation in an amount set by the board, not to exceed seventy-five dollars ($75) for each day, or portion thereof, and not to exceed four hundred fifty dollars ($450) in any year, while attending meetings of the board, or engaged upon official business of the board. All members shall receive reimbursement for actual, necessary, and reasonable expenses. Any member may waive compensation.

Section § 32519

Explanation

Each year, the board members who can vote must choose a chairperson and a vice chairperson from among themselves. If either of these positions becomes empty, the voting members will pick someone new to fill the spot for the rest of the term. No one can be the chairperson for more than two terms in a row.

The voting members of the board shall annually elect from among the voting members a chairperson and a vice chairperson. If the office of the chairperson or vice chairperson becomes vacant, a new chairperson or vice chairperson shall be elected by the voting members of the board to serve for the remainder of the term. A person shall not serve as chairperson for more than two consecutive terms.

Section § 32520

Explanation

This law requires the conservancy to have adequate liability insurance to protect against potential claims. Additionally, it must also defend and financially protect its member agencies from any actions or failures by the conservancy’s staff and volunteers.

The conservancy shall obtain and maintain adequate liability insurance or its equivalent, and defend and indemnify the member agencies for acts or omissions of the conservancy’s agents, employees, volunteers, and servants.