This chapter shall be known, and may be cited, as the California River Parkways Act of 2004.
Chapter 3.8California River Parkways Act of 2004
Section § 5750
This law is officially called the California River Parkways Act of 2004.
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Section § 5751
This law highlights the various benefits of river parkways in California. River parkways enhance the quality of life by offering recreational spaces like parks for picnics, sports, and activities like fishing and swimming. They help revitalize urban areas and support economic growth with scenic areas. Additionally, they provide flood protection, improve water quality, and preserve natural habitats. Lastly, the law suggests that supporting the development of river parkways can significantly benefit communities statewide.
The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 5751(a) River parkways directly improve the quality of life in California by providing important recreational, open space, wildlife, flood management, water quality, and urban waterfront revitalization benefits to communities in the state.
(b)CA Public Resources Code § 5751(b) River parkways provide communities with safe places for recreation including family picnics; bicycling and hiking; areas for river access for swimming, canoeing, and fishing; and many other activities.
(c)CA Public Resources Code § 5751(c) River parkways help revitalize deteriorated urban neighborhoods and provide an anchor for economic development by providing important recreational and scenic amenities.
(d)CA Public Resources Code § 5751(d) River parkways provide accessible open space that helps remedy the severe shortage of park and open-space areas that plague many urban and suburban communities, small towns, and rural areas.
(e)CA Public Resources Code § 5751(e) River parkways provide flood protection benefits for communities by providing wider corridors along our waterways that help store, and provide safe corridors for the passage of, storm waters.
(f)CA Public Resources Code § 5751(f) River parkways protect and restore riparian and riverine habitat.
(g)CA Public Resources Code § 5751(g) River parkways improve or protect the water quality in our rivers and streams.
(h)CA Public Resources Code § 5751(h) River parkways provide the recreational and ecosystem components of integrated regional water management and watershed plans.
(i)CA Public Resources Code § 5751(i) California can improve the quality of life in this state by assisting public agencies and nonprofit organizations in establishing, developing, and restoring river parkways.
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Section § 5752
This section defines key terms used in the chapter. "Acquisition" involves gaining ownership or interest in property, like development rights or easements. "Development" refers to actions like improving or restoring areas. "Interpretation" involves creating amenities that help visitors understand and appreciate natural and cultural resources. A "nonprofit organization" is one that has tax-exempt status under U.S. tax law. The "Parkways program" is a specific initiative related to rivers in California. Lastly, "Secretary" refers to the Secretary of the Resources Agency.
For purposes of this chapter, the following terms have the following meanings:
(a)CA Public Resources Code § 5752(a) “Acquisition” means obtaining fee title or a lesser interest in real property, including easements, development rights, or water rights.
(b)CA Public Resources Code § 5752(b) “Development” includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation.
(c)CA Public Resources Code § 5752(c) “Interpretation” includes, but is not limited to, visitor-serving amenities that communicate the significance and value of natural, historical, and cultural resources in a way that increases understanding and enjoyment of those resources.
(d)CA Public Resources Code § 5752(d) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code.
(e)CA Public Resources Code § 5752(e) “Parkways program” means the California River Parkways Program established pursuant to subdivision (a) of Section 5753.
(f)CA Public Resources Code § 5752(f) “Secretary” means the Secretary of the Resources Agency.
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Section § 5753
This law establishes the California River Parkways Program, which is managed by the Secretary of the Resources Agency. The program provides grants to public agencies and nonprofits for projects related to river parkways, using funds allocated to the secretary. These projects can include acquiring land or developing and preserving river parkways.
Up to 10% of the funds can also be used for urban stream restoration. All projects must follow environmental guidelines and obtain land only from willing sellers. Furthermore, eligible projects must ensure public access and satisfy at least two criteria, such as offering recreational opportunities, improving habitats, managing flood-prone open spaces, converting spaces to parkways, or adding facilities for restoration activities.
(a)CA Public Resources Code § 5753(a) The California River Parkways Program is hereby established in the office of the Secretary of the Resources Agency, to be administered by the secretary.
(b)CA Public Resources Code § 5753(b) The secretary shall make grants available to public agencies and nonprofit organizations for river parkway projects from moneys appropriated to the secretary. Those funds may also be used for costs directly related to the delivery of the river parkways program.
(c)CA Public Resources Code § 5753(c) Grants may be awarded for the acquisition of land for river parkways or for the restoration, protection, and development of river parkways in accordance with the provisions of this chapter. Not more than 10 percent of the funds appropriated to the secretary for river parkways may be used for urban stream restoration projects pursuant to Section 7048 of the Water Code.
(d)CA Public Resources Code § 5753(d) All projects shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(e)CA Public Resources Code § 5753(e) All acquisitions shall be from willing sellers.
(f)CA Public Resources Code § 5753(f) To be eligible for a grant, a project shall provide public access or be a component of a larger parkway plan that provides public access and, at a minimum, meets two of any of the following conditions:
(1)CA Public Resources Code § 5753(f)(1) Provide compatible recreational opportunities including trails for strolling, hiking, bicycling, and equestrian uses along rivers and streams.
(2)CA Public Resources Code § 5753(f)(2) Protect, improve, or restore riverine or riparian habitat, including benefits to wildlife habitat and water quality.
(3)CA Public Resources Code § 5753(f)(3) Maintain or restore the open-space character of lands along rivers and streams so that they are compatible with periodic flooding as part of a flood management plan or project.
(4)CA Public Resources Code § 5753(f)(4) Convert existing developed riverfront land uses into uses consistent with river parkways, as identified in this chapter.
(5)CA Public Resources Code § 5753(f)(5) Provide facilities to support or interpret river or stream restoration or other conservation activities.
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Section § 5754
This law allows the secretary to create guidelines for planning river parkways and to give grants for these plans if money is available.
To the extent funds are available, the secretary shall develop guidelines for the preparation and consideration of river parkway plans for the purpose of Section 5753 and may award grants to assist in development of such plans.
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Section § 5755
Each year, the secretary must provide a report to the Legislature detailing where the projects funded under this chapter are located, the kinds of projects they are, and the benefits they provide.
The secretary shall report annually to the Legislature regarding the geographic distribution, types, and benefits of projects funded pursuant to this chapter.
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Section § 5756
This law tells us that the secretary is responsible for creating the rules and procedures needed to put this chapter into action. These rules must align with Section 5753, among any other necessary aspects. Importantly, the rules and procedures the secretary develops do not have to follow the usual rule-making process outlined in another part of the government code, which usually includes formal rule development steps.
The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter that shall be consistent with, but not limited to, Section 5753. All regulations, criteria, and procedural guides adopted by the secretary to implement this chapter are exempt from Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code.
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