SECTIONS 5750-5756 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5750-5756

5750. This chapter shall be known, and may be cited, as the
California River Parkways Act of 2004.

5751. The Legislature finds and declares all of the following:
(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) 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) River parkways help revitalize deteriorated urban
neighborhoods and provide an anchor for economic development by
providing important recreational and scenic amenities.
(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) 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) River parkways protect and restore riparian and riverine
habitat.
(g) River parkways improve or protect the water quality in our
rivers and streams.
(h) River parkways provide the recreational and ecosystem
components of integrated regional water management and watershed
plans.
(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.

5752. For purposes of this chapter, the following terms have the
following meanings:
(a) "Acquisition" means obtaining fee title or a lesser interest
in real property, including easements, development rights, or water
rights.
(b) "Development" includes, but is not limited to, improvement,
rehabilitation, restoration, enhancement, preservation, protection,
and interpretation.
(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) "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) "Parkways program" means the California River Parkways Program
established pursuant to subdivision (a) of Section 5753.
(f) "Secretary" means the Secretary of the Resources Agency.

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) 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) 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) All projects shall comply with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)).
(e) All acquisitions shall be from willing sellers.
(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) Provide compatible recreational opportunities including trails
for strolling, hiking, bicycling, and equestrian uses along rivers
and streams.
(2) Protect, improve, or restore riverine or riparian habitat,
including benefits to wildlife habitat and water quality.
(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) Convert existing developed riverfront land uses into uses
consistent with river parkways, as identified in this chapter.
(5) Provide facilities to support or interpret river or stream
restoration or other conservation activities.

5754. 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.

5755. The secretary shall report annually to the Legislature
regarding the geographic distribution, types, and benefits of
projects funded pursuant to this chapter.

5756. 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.