Public Resources Code — Part 27 | PRC — United States — California law | Esheria

Public Resources Code

Part 27 of 41 · provisions 5,201–5,400

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 48703.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    A stewardship plan must include education and outreach about paint product source reduction and recycling, and materials for retailers must be made available to retailers.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48703.4. A stewardship plan shall include consumer, contractor, and retailer education and outreach efforts to promote the source reduction and recycling of paint products. This information may include, but is not limited to, developing, and updating as necessary, educational and other outreach materials for retailers of paint products. These materials shall be made available to retailers. These materials may include, but are not limited to, one or more of the following: (a) Signage that is prominently displayed and easily visible to the consumer. (b) Written materials and templates of materials for reproduction by retailers to be provided to the consumer at the time of purchase or delivery, or both. Written materials shall include information on the prohibition of improper disposal of paint products. (c) Advertising or other promotional materials, or both, that include references to paint product recycling opportunities. (d) An internet website that publicizes the location of approved collection sites and provides information on how to access and drop off paint products at the free and convenient network of approved collection sites offered by the stewardship organization. (e) All signage and materials required for approved collection sites by the stewardship organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site. (f) A description of efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English. (Added by Stats. 2024, Ch. 989, Sec. 18. (SB 1143) Effective January 1, 2025.)
  2. 48703.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    Manufacturers must review their stewardship plan at least every five years, and if changes are needed, file an amended plan with the department on time.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48703.5. (a) A manufacturer shall, individually or through a stewardship organization, review its stewardship plan at least once every five years after approval by the department and determine whether amendments to the stewardship plan are necessary. (b) If a manufacturer or stewardship organization determines that amendments are necessary, the manufacturer or stewardship organization shall submit to the department an amended stewardship plan for review and approval consistent with Section 48703. The manufacturer or stewardship organization shall submit the amended stewardship plan at least 12 months before the deadline described in subdivision (a). The amended stewardship plan shall include a cover letter that summarizes the amendments. (c) If a manufacturer or stewardship organization determines that no amendments to a stewardship plan are necessary, the manufacturer or stewardship organization shall send a letter to the department, no later than 12 months before the review deadline described in subdivision (a), explaining that the manufacturer or stewardship organization has reviewed the stewardship plan and determined that no amendments are needed. (d) The department may disapprove a manufacturer or stewardship organization’s determination within 30 days of receipt of that determination if the department concludes that the manufacturer or stewardship organization cannot implement the objectives of this chapter without amending its stewardship plan. In the event the department disapproves a manufacturer or stewardship organization’s determination, the manufacturer or stewardship organization shall submit to the department an amended stewardship plan for review and approval. The manufacturer or stewardship organization shall submit the amended stewardship plan within 60 days of receipt of the department’s disapproval, unless the department determines that additional time is needed. (Added by Stats. 2024, Ch. 989, Sec. 19. (SB 1143) Effective January 1, 2025.)
  3. 48704.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The department must notify manufacturers and stewardship organizations of its regulatory costs before a stewardship plan is due, and those entities must pay the department’s administrative fee quarterly. The department may also spend certain collected fees and penalties for program costs, and it must enforce the chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48704. (a) No later than 90 days before a stewardship plan is required to be submitted to the department, the department shall notify each manufacturer acting individually and each stewardship organization of its reasonable regulatory costs, including its full personnel costs, related to implementing and enforcing this chapter. This shall include the actual and reasonable costs associated with regulation development pursuant to Section 48701.1 and other startup activities before the stewardship plan is submitted and approved. (b) Manufacturers and stewardship organizations shall collectively pay on a quarterly basis the department’s administrative fee for its reasonably incurred regulatory costs, as described in subdivision (a). Manufacturer and stewardship organizations shall pay the fee on or before the last day of the month following the end of each quarter. (c) The Architectural Paint Stewardship Account, established pursuant to Section 48704.1, as it read on January 1, 2024, in the Integrated Waste Management Fund created pursuant to Section 40135, is hereby renamed the Paint Product Stewardship Account. The Architectural Paint Stewardship Penalty Subaccount, established in that fund pursuant to Section 48704.1, as it read on January 1, 2024, is hereby renamed the Paint Product Stewardship Penalty Subaccount. The renamed account and subaccount shall remain in the fund. (d) All fees collected by the department pursuant to this chapter shall be deposited into the Paint Product Stewardship Account and may be expended by the department, upon appropriation by the Legislature, to cover the department’s reasonable costs to implement this chapter and to reimburse any outstanding loans made from other funds used to finance regulation development and startup costs of the department’s activities pursuant to this chapter. The moneys in the Paint Product Stewardship Account shall not be expended for any other purpose. The department shall enforce this chapter. (e) All civil penalties collected pursuant to this chapter shall be deposited into the Paint Product Stewardship Penalty Subaccount and may be expended by the department, upon appropriation by the Legislature, to cover the department’s reasonable costs to implement this chapter. (Amended by Stats. 2024, Ch. 989, Sec. 20. (SB 1143) Effective January 1, 2025.)
  4. 48704.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    This section requires a paint product stewardship assessment to be built into pricing and remitted to the stewardship organization, with department approval and limits tied to the program’s costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48704.1. (a) A stewardship organization’s funding mechanism shall provide a stewardship assessment for each container of a paint product and sold by manufacturers in this state, and the assessment shall be remitted to the stewardship organization, if applicable. (b) The stewardship assessment shall be added to the cost of all paint products sold to California retailers and distributors, and each California retailer or distributor shall add the assessment to the purchase price of all paint products covered by the program sold in the state. (c) The stewardship assessment shall be approved by the department as part of a stewardship plan, and shall be sufficient to recover, but not exceed, the cost of the stewardship program. A stewardship plan shall require that any surplus funds be put back into the program to reduce the costs of the program, including the assessment amount. (Amended by Stats. 2025, Ch. 67, Sec. 177. (AB 1170) Effective January 1, 2026.)
  5. 48705.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    Manufacturers of paint products sold in the state must file an annual report with the department by May 15, and the department must review it within 120 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48705. (a) On or before May 15 of each year, a manufacturer of a paint product sold in this state shall, individually or through a stewardship organization, submit a report to the department describing its paint product recovery efforts in a form and manner determined by the department. At a minimum, the report shall include all of the following: (1) The total volume of architectural paint sold, excluding aerosol coating products, in this state during the preceding calendar year. (2) The total volume of postconsumer architectural paint recovered, excluding aerosol coating products, in this state during the preceding calendar year. (3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state, excluding aerosol coating products. (4) Commencing with the 2029 report, the total volume of the nonindustrial coatings, the coating-related products, and the aerosol coating products sold in this state during the preceding calendar year. (5) Commencing with the 2029 report, the total volume of the nonindustrial coatings, the coating-related products, and the aerosol coating products recovered, including the amount, in this state during the preceding calendar year. (6) Commencing with the 2029 report, a description of methods used to collect, transport, and process paint products in this state. (7) The total cost of implementing the stewardship program. (8) An evaluation of how the stewardship program’s funding mechanism operated. (9) An independent financial audit funded from the stewardship assessment. (10) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years. (11) Any other information deemed relevant by the stewardship organization for the department to determine compliance with the stewardship plan. (b) The department shall review the annual report required pursuant to this section and within 120 days of receipt shall adopt a finding of compliance or noncompliance with this chapter. If the department determines that the annual report is noncompliant due to a failure to meet the requirements of this chapter, then the department may require the resubmittal of the annual report or take enforcement action. (Amended by Stats. 2024, Ch. 989, Sec. 23. (SB 1143) Effective January 1, 2025.)
  6. 48705.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    A stewardship organization must give the department access to its program facilities and relevant records when requested, keep required submissions available for three years, and include a signed truthfulness affirmation in those submissions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48705.1. (a) A stewardship organization shall do both of the following: (1) Upon the department’s request, provide the department with reasonable and timely access, as determined by the department, to its facilities relating to its operation of a paint product recovery program, as necessary to determine compliance with this chapter. (2) Upon the department’s request, within 14 days, provide the department with relevant records necessary to determine its compliance with this chapter. (b) All stewardship plans, annual reports, and other submissions to the department required by this chapter shall be maintained and kept accessible for three years. All stewardship plans, annual reports, and other submissions to the department required under this chapter shall include the following affirmation signed by an authorized representative of the stewardship organization: “Under penalty of perjury, I affirm that the information being provided to the department is true and correct to the best of my knowledge and belief.” (Added by Stats. 2024, Ch. 989, Sec. 24. (SB 1143) Effective January 1, 2025.)
  7. 48706.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The department must publish and maintain an online list of compliant paint-product manufacturers, and manufacturers or retailers may not sell paint products in the state unless the manufacturer is compliant.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48706. (a) Within 24 months of the effective date of the regulations adopted pursuant to Section 48701.1, the department shall post on its internet website a list of manufacturers that are compliant with this chapter and that have a stewardship plan approved by the department pursuant to Section 48703. The department shall list, as appropriate, the reported brands of paint products for each manufacturer. The department shall update this list no less than once every six months. (b) (1) A manufacturer or retailer shall not sell or offer for sale in this state a paint product to any person in this state unless the manufacturer of the paint product is in compliance with this chapter. (2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (a) is posted on the department’s internet website, shall apply to any manufacturer that is not listed on the department’s internet website, and shall remain in effect until the manufacturer is listed on the department’s internet website or can demonstrate compliance as described in paragraph (3). (3) A manufacturer that is not listed on the department’s internet website pursuant to this section but demonstrates to the satisfaction of the department that it is in compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating that the manufacturer is in compliance. A manufacturer who receives that letter is in compliance with this chapter. (4) If the department determines a manufacturer is not in compliance with this chapter, the department shall remove the manufacturer from the list of compliant manufacturers posted on the department’s internet website pursuant to subdivision (a). (c) Notwithstanding paragraph (1) of subdivision (b), a manufacturer may, for any inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state. (d) A distributor or a retailer shall monitor the department’s internet website to determine if the sale of a manufacturer’s paint product is in compliance with this chapter. (Repealed and added by Stats. 2024, Ch. 989, Sec. 26. (SB 1143) Effective January 1, 2025.)
  8. 48706.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The department may impose civil penalties for violations of this chapter and must set up an informal hearing process and deposit collected penalties into the Paint Product Stewardship Penalty Subaccount.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48706.1. (a) A civil penalty may be administratively imposed by the department on any person who violates this chapter in an amount up to one thousand dollars ($1,000) per violation per day. A person who intentionally, knowingly, or negligently violates this chapter may be assessed a civil penalty by the department of up to ten thousand dollars ($10,000) per violation per day. (b) In assessing or reviewing the amount of an administrative penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all the following: (1) The nature and extent of the violation. (2) The number and severity of the violation or violations. (3) The economic effect of the penalty on the violator. (4) Whether the violator took good faith measures to comply with this chapter and the period over which these measures were taken. (5) The willfulness of the violator’s misconduct. (6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. (7) Any other factor that justice may require. (c) The department shall establish, through regulations adopted pursuant to Section 48701.1, a process that shall include an informal hearing process by which the penalties will be assessed. The Administrative Adjudication Bill of Rights (Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) applies to hearings conducted pursuant to this chapter and mandates minimum due process requirements for purposes of this chapter. (d) The department shall deposit all penalties collected pursuant to this section into the Paint Product Stewardship Penalty Subaccount. (Added by Stats. 2024, Ch. 989, Sec. 27. (SB 1143) Effective January 1, 2025.)
  9. 48706.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    Manufacturers and stewardship organizations are shielded from liability for specified anticompetitive conduct when acting under this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48706.2. (a) A manufacturer or stewardship organization shall not be liable for a violation of any antitrust, restraint of trade, unfair trade practice, or other anticompetitive conduct arising from conduct undertaken in accordance with this chapter. (b) Notwithstanding any other law, actions undertaken in accordance with this chapter, including the conduct described in subdivision (a), does not violate either of the following acts: (1) The Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code). (2) The Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code). (Added by Stats. 2024, Ch. 989, Sec. 28. (SB 1143) Effective January 1, 2025.)
  10. 48707.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The department may adopt regulations, in coordination with the Department of Toxic Substances Control, to clarify and implement this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48707. The department, in coordination with the Department of Toxic Substances Control, may adopt regulations to clarify and implement this chapter. (Added by Stats. 2023, Ch. 848, Sec. 17. (AB 1526) Effective January 1, 2024.)
  11. 4875.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    Certain persons, firms, or corporations may place an approved mark on each log or piece of timber when moving it into navigable water for rafting or floating under the stated conditions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4875. In all cases where two or more persons, firms, or corporations are engaged in or intend to engage in putting or placing logs or timber into any navigable water in this state for the purpose of rafting or floating such logs or timber to any place within this state for manufacture or sale and where such logs are to be rafted or floated a distance of one mile or more, such person, firm or corporation may have some mark of his or its selection and authenticated as provided in this chapter impressed in a conspicuous place on the end or surface of each such log or piece of timber. (Repealed and added by Stats. 1965, Ch. 1144.)
  12. 4877.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    A log or timber with a recorded mark impressed on it is presumed to belong to the person, firm, or corporation in whose name the mark was recorded.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4877. Any log or timber which has any such recorded mark impressed on it shall be presumed to belong to the person, firm, or corporation in whose name the mark has been recorded. (Repealed and added by Stats. 1965, Ch. 1144.)
  13. 4878.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    If a person, firm, or corporation does not record its mark or marks as required by Section 4875, it loses the benefits of those recordings; the vendee or assignee of the logs or timber is also subject to the same rules.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4878. Every person, firm, or corporation that neglects to have his or its mark or marks recorded, as provided by Section 4875, is debarred from all benefits arising from the recordings of the mark or marks, and the vendee or assignee of any such logs or timber is subject to the same regulations and restrictions. (Repealed and added by Stats. 1965, Ch. 1144.)
  14. 4879.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. )

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    It is unlawful for most persons and businesses to take, keep, sell, dispose of, or use certain marked logs or timber found in specified waters or on their banks without the owner’s written consent, subject to a boom-company exception.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Marking Logs and Timber [4875 - 4879] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4879. It is unlawful for any person, firm, or corporation, except boom companies which may be required or compelled to catch and hold logs or timber, to take up or have in their possession, or to sell, dispose of, or convert or appropriate to their own use, without the written consent of the owner or his agent, any marked log, timber, pole, pile, tie, shingle bolt, boom stick, or lumber of value, not the property of such person, firm or corporation, found on the bank or banks of, or adrift, or strayed in, any harbor, river, lake, bay, slough, bayou, creek, pond, stream, ditch or other waters situated wholly or partly within the boundaries of this state, if the person or company claiming such mark has had a description and diagram of it recorded in any of the counties of this state through which such property was to be floated for manufacture or sale. Knowledge of the ownership of all such logs, timber, or lumber for the purpose of this chapter shall be conclusively presumed upon proof that the logs, timber or lumber were marked and that the description and diagram had been theretofore recorded. Any person violating the provisions of this section shall be punished by a fine not exceeding six hundred dollars ($600), or by imprisonment for not more than one year. (Amended by Stats. 1983, Ch. 1092, Sec. 343. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  15. 49000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49000- 49000.] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “district” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49000- 49000.] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49000. “District,” as used in this chapter, means a district formed pursuant to this chapter or pursuant to any law which it supersedes. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  16. 49005.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A garbage disposal district may be formed from any part or parts of a county, including contiguous or noncontiguous areas and incorporated or unincorporated territory, under this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49005. Any portion or portions of a county, whether contiguous or noncontiguous, and whether the portion or portions include incorporated or unincorporated territory, may be formed into a garbage disposal district in the manner and under the proceedings set forth in this chapter, except that less than the whole of any city shall not be included in the district without unanimous consent of the governing body of the city and no parcel of noncontiguous territory which is less than a full subdivision or which contains less than 10 privately owned acres may be included in any district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  17. 49006.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors may resolve that part of a county needs garbage disposal facilities and form it into a district, then must set a hearing and arrange public notice.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49006. (a) The board of supervisors may determine, by resolution, that a portion of the county is in need of facilities for the disposal of garbage and should be formed into a district. (b) Upon making the determination under subdivision (a), the board of supervisors shall fix a time and a place for a hearing on the matter of the formation of the district, which time shall be not less than three weeks after the adoption of the resolution, and shall direct the clerk of the board to publish a notice once a week for three successive weeks in a newspaper which is circulated in the territory that is proposed to be organized into a district and which the board deems most likely to give notice to the inhabitants of the territory. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  18. 49007.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The notice must say that the board of supervisors has set the time and place for a hearing on forming a garbage disposal district.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49007. The notice shall state the fact that the board of supervisors has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of the formation of a garbage disposal district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  19. 49008.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The notice must describe the territory or state the district’s exterior boundaries, and the boundaries should, if practicable, follow the center lines of highways.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49008. The notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a district. So far as practicable, the boundaries shall be the center lines of highways. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  20. 49009.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Before the hearing, an interested person may file written objections to forming the district. The board of supervisors must consider those objections at the hearing, and may exclude territory that it thinks would not benefit from being included.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49009. At any time prior to the time fixed for a hearing of the matter, any person interested may file with the clerk of the board written objections to the formation of the district. At the time and place fixed for the hearing or at any time to which the hearing may be continued, the board of supervisors shall consider and pass on all objections to the creation of the district, or to the inclusion of any territory in the district. At the hearing, the board of supervisors may exclude any territory that, in the opinion of the board of supervisors, would not be benefited by inclusion in the district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  21. 49010.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    After the hearing, the board of supervisors must either abandon the proposed district or order the question of creating it to go to a voter election; only registered voters in the proposed district may vote.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49010. At the conclusion of the hearing, the board of supervisors shall either adopt an order abandoning the creation of the proposed district or shall, by resolution, order the matter of the creation of the district, within the boundary lines determined upon at the hearing, to be submitted to the voters registered in the proposed district at an election to be called for that purpose. At the election only voters registered in the proposed district shall be permitted to vote. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  22. 49011.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors must establish election precincts and name election boards; election notice must be published at least one week before the election, and other election matters are handled as the board orders.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49011. Election precincts shall be established by the board of supervisors, and election boards composed of one inspector, one judge, and one clerk shall be named. At least one week prior to the election, notice of the election shall be given by publication in a newspaper of general circulation in the proposed district. In other matters, the election shall be conducted in the manner ordered by the board of supervisors. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  23. 49012.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors must notify the local agency formation commission’s executive officer after a district formation election is called, the executive officer must prepare an impartial analysis, and the commission must approve or modify it and send it to election officials.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49012. (a) Within five days after the district formation election has been called, the board of supervisors shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. The written notice shall include the name and a description of the proposed district and may be in the form of a certified copy of the resolution adopted by the board of supervisors. (b) The executive officer of the local agency formation commission, within five days after being notified that a district formation election has been called, shall submit to the local agency formation commission, for its approval or modification, an impartial analysis of the proposed district formation. (c) The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. (d) The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  24. 49013.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Certain authorized voters, citizen associations, and board of supervisors members may file written arguments for or against a proposed district formation, but the argument must be no more than 300 words and filed at least 54 days before the election.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49013. (a) The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of those voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. (b) Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  25. 49014.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If multiple arguments for or against the proposed district formation are filed on time, election officials must choose one argument for printing and distribution to voters.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49014. (a) If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, the election officials shall select one of the arguments for printing and distribution to the voters. (b) In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (1) The board of supervisors or any member or members of the board authorized by the board. (2) Individual voters or bona fide associations of citizens or a combination of those voters and associations. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  26. 49015.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Election officials must print and mail a ballot pamphlet about the district formation proposition to each voter, and mail it at least 10 days before the election.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49015. (a) The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. (b) The ballot pamphlet shall contain all of the following in the order prescribed: (1) The complete text of the proposition. (2) The impartial analysis of the proposition prepared by the local agency formation commission. (3) The argument for the proposed district formation. (4) The argument against the proposed district formation. (c) The election officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 178. Effective January 1, 1995.)
  27. 49016.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the required election majorities are met, the board of supervisors must form the district by order, and the order must state the district’s name and boundaries or territorial extent.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49016. If at the election a majority of all those voting upon the question of creation of the district, and a majority of those voting thereon in each city is in favor of the formation of the district, the board of supervisors shall make an order forming the district and thereupon it is formed. The order shall contain the name of the district and a description of the boundaries, or otherwise indicate its territorial extent. The order is conclusive evidence of the regularity of all prior proceedings, except the adoption and publication in full of the resolution of intention, and of the fact of the holding of the hearing on formation. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  28. 49017.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A district may be formed only to provide, maintain, and operate a garbage and refuse disposal site, and its powers are limited to what is reasonably necessary for that purpose.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49005 - 49017] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49017. (a) A district may be formed for the exclusive purpose of providing, maintaining, and operating a garbage and refuse disposal site. In forming a district for this limited purpose, the determination of the board of supervisors required by Section 44006 shall be that this is the exclusive purpose of the district. In all other matters a district shall be formed in the same manner as other districts under this chapter. On formation, the district shall have only those powers granted to districts by this chapter that are reasonably necessary to carry out the exclusive purpose. (b) A district formed for the exclusive purpose of providing, maintaining, and operating a garbage and refuse disposal site may issue bonds and levy taxes therefor in the same manner as provided for bonds of garbage and refuse disposal districts pursuant to Article 7 (commencing with Section 44160) of Chapter 2, and may issue revenue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  29. 49018.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Administration [49018 - 49020] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors may make and enforce district rules, appoint staff, manage district-related property, and take other acts needed for the chapter’s purposes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Administration [49018 - 49020] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49018. The board of supervisors is the governing body of the district and may do any or all of the following: (a) Make and enforce all rules and regulations necessary for the administration and government of the district, and for the collection and disposal of garbage and other refuse matter in the district. (b) Appoint agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district. (c) Acquire in the name of the county, by gift, purchase, condemnation, or otherwise, and own, control, manage, and dispose of, any interest in real or personal property necessary or convenient for the collection and disposal of the garbage or other refuse matter of the district. (d) Perform all of the acts necessary or proper to accomplish the purposes of this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  30. 49019.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Administration [49018 - 49020] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors may make garbage disposal contracts, but if it does so or renews one, it must advertise for bids and award the contract to the lowest responsible bidder.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Administration [49018 - 49020] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49019. (a) The board of supervisors may enter into contracts for the disposal of garbage and other refuse matter. Whenever the board enters into, or renews such a contract, it shall advertise for bids for the performance of the work in a newspaper of general circulation in the county. The advertisement shall be published pursuant to Section 6062 of the Government Code. If there is no newspaper of general circulation published in the county, the notice shall be given by posting in three public places for at least two weeks. (b) All bidders shall be granted an opportunity to ascertain the details of the nature of the work to be done under the contract. The contract shall be let to the lowest responsible bidder. If no satisfactory bid is obtained, the board may reject all bids. If all bids are rejected, the board of supervisors may readvertise for bids or, without the necessity of readvertising, may enter into contracts for the disposal of garbage and other refuse for a term not to exceed six months on terms that are necessary or proper in the exercise of the district’s powers. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  31. 49020.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Administration [49018 - 49020] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    In an emergency, the board of supervisors may contract for garbage or refuse disposal without advertising for bids, for up to six months.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Administration [49018 - 49020] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49020. If an emergency occasioned by default of a contractor or other circumstances which would be detrimental to the public health, safety, or welfare of the inhabitants of the district, the board of supervisors may, without the necessity of advertising for bids, enter into contracts for the disposal of garbage and other refuse for a term not to exceed six months on terms that are necessary or proper, in the exercise of the districts’ power. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  32. 49030.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Taxation [49030 - 49032] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors must levy an annual tax on taxable property in the district.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Taxation [49030 - 49032] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49030. The board of supervisors shall levy a tax each year upon the taxable property in the district sufficient to defray the cost of the disposal of garbage and other refuse in the district, and of the maintenance of the district, and to meet other expenditures authorized by this chapter. The tax shall be levied and collected at the same time, and in the same manner, as general county taxes levied for county purposes and, when collected, shall be paid into the county treasury and used in furtherance of the purposes of this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  33. 49031.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Taxation [49030 - 49032] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    For qualifying districts in counties with six million or more people, the board of supervisors may set and collect garbage and refuse service fees.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Taxation [49030 - 49032] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49031. For any district in a county with a population of six million or more, the board of supervisors may prescribe and collect garbage and refuse collection and disposal service fees for the purpose of defraying the cost of the disposal of garbage and refuse in the district, maintaining the district, and meeting other expenditures authorized by this chapter. Subject to the additional requirements of Section 49032, fees and charges prescribed, revised, and collected pursuant to this section shall be prescribed, revised, and collected pursuant to Article 4 (commencing with Section 5470) of Chapter 6 of Part 3 of the Health and Safety Code. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  34. 49032.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Taxation [49030 - 49032] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Before the district can adopt initial fee ordinances, the board of supervisors must put the fee-authorization question to district voters.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Taxation [49030 - 49032] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49032. (a) Prior to adoption of the initial ordinances prescribing the fees provided for in Section 49031, the board of supervisors shall place before the voters of the district the question whether the district shall be authorized to prescribe fees. If the voters do not approve that authorization, a subsequent election to secure that approval shall not be held within one year of the date of the prior authorization election. (b) The approval of the voters may be secured at a district or countywide election or by a ballot mailed to each registered voter of the district. (c) The board of supervisors shall determine what majority of the voters voting on the proposition shall be required to approve the proposition. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  35. 49040.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Claims [49040- 49040.] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Claims for money or damages against the district are governed by specified Government Code claims procedures, except where that law or other applicable statutes or regulations provide otherwise.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Claims [49040- 49040.] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49040. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  36. 49050.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 6. Annexation [49050- 49050.] ( Article 6 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A district’s boundaries may be changed, and certain outlying territory may be annexed under the cited local reorganization act; a noncontiguous parcel with less than 10 privately owned acres cannot be annexed.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Garbage Disposal Districts [49000 - 49050] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 6. Annexation [49050- 49050.] ( Article 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49050. The boundaries of any district may be altered, and outlying districts or territory, whether incorporated or unincorporated, and whether contiguous or noncontiguous, may be annexed pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). However, no parcel of noncontiguous territory that contains less than 10 privately owned acres may be annexed to any district. (Amended by Stats. 2003, Ch. 296, Sec. 36. Effective January 1, 2004.)
  37. 49100.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49100- 49100.] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “district” for this chapter as a district formed under this chapter or under any law it replaces.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49100- 49100.] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49100. “District,” as used in this chapter, means a district formed pursuant to this chapter or pursuant to any law which it supersedes. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  38. 49110.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Contiguous portions of a county may be formed into a garbage and refuse disposal district, but no city or part of a city may be included without the city governing body’s consent by a two-thirds favorable vote.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49110. Any contiguous portion or portions of a county, whether the portion or portions include incorporated or unincorporated territory, may be formed into a garbage and refuse disposal district in the manner and under the proceedings specified in this chapter. However, no city, or any portion thereof, shall be included in the district without the consent of the governing body of the city adopted by a favorable vote of two-thirds or more of its members. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  39. 49111.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors may resolve that part of a county should be formed into a garbage and refuse disposal district, and then must set a hearing and arrange newspaper notice.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49111. (a) The board of supervisors may determine, by resolution, that a portion of the county is in need of a site for the disposal of garbage and refuse and should be formed into a district. (b) Upon making the determination under subdivision (a), the board of supervisors shall fix a time and a place for a hearing on the matter of the formation of the district, which time shall be not less than three weeks after the adoption of the resolution. The board of supervisors shall also direct the clerk of the board to publish a notice once a week for three successive weeks in a newspaper which is circulated in the territory that is proposed to organize into a district and which the board deems most likely to give notice to the inhabitants of the territory. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  40. 49112.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A notice must state that the board of supervisors has fixed the time and place for a hearing on forming a garbage and refuse disposal district.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49112. The notice shall state the fact that the board of supervisors has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of the formation of a garbage and refuse disposal district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  41. 49113.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The notice must describe the territory, or state the exterior boundaries of the territory, proposed for organization into a district.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49113. The notice shall describe the territory, or shall specify the exterior boundaries of the territory, proposed to be organized into a district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  42. 49114.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Interested persons may file written objections before the hearing, and the board of supervisors must consider them and may exclude territory that would not benefit from inclusion in the district.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49114. At any time prior to the time fixed for a hearing on the matter, any person interested may file with the clerk of the board of supervisors written objections to the formation of the district. At the time and place fixed for the hearing or at any time to which the hearing may be continued, the board of supervisors shall consider and pass on all objections to the formation of the district or to the inclusion of any territory in the district. At the hearing, the board of supervisors may exclude any territory that, in the opinion of the board of supervisors, would not be benefited by inclusion in the district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  43. 49115.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    At the final hearing, the board of supervisors must make any advisable changes to the proposed boundaries and establish the boundaries.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49115. At the final hearing the board of supervisors shall make those changes in the proposed boundaries that are advisable and shall define and establish the boundaries. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  44. 49116.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the board of supervisors finds, based on testimony, that public necessity or welfare requires it, the board must enter that finding on its minutes and order the territory organized as a district with an appropriate descriptive name.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49116. If, from the testimony given before the board of supervisors, it appears to the board of supervisors that the public necessity or welfare requires the formation of the district, it shall, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries so fixed and determined be organized as a district, under an appropriate name to be selected by the board of supervisors. The name shall be descriptive of the functions of the district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  45. 49117.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The county clerk must promptly record and file a certified copy of the board of supervisors’ order, including filing it with the Secretary of State.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49117. The county clerk shall immediately file for record in the office of the county recorder of the county in which the land embraced in the district is situated, and also shall file with the Secretary of State, a certified copy of the order of the board of supervisors. From and after the date of the filing of the certified copy with the Secretary of State, the district named therein is organized as a district, with all the rights, privileges, and powers set forth in this chapter or necessarily incident thereto. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  46. 49118.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A district may not be formed under this chapter after October 1, 1961.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Formation [49110 - 49118] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49118. No district shall be formed under this chapter after October 1, 1961. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  47. 49120.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A district’s governing board must be appointed within 30 days after the formation order is filed, and it must have at least three members.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49120. (a) Within 30 days after the filing with the Secretary of State of the certified copy of the order of formation, a governing board of trustees for the district shall be appointed. (b) The governing board of a district is a board of directors of not less than three members. The district board shall be appointed as follows: (1) If the district includes only one city, two members of the governing body shall be selected by the board of supervisors and one member of the governing body shall be selected by the city council. (2) If the district includes two or more cities, only one member of the governing body of the district shall be selected by the board of supervisors to represent the unincorporated area. The legislative body of each city within the district shall appoint one member to represent each incorporated city within the district. If the selection of members pursuant to this subdivision results in the governing body having an even number of members, those members may appoint an additional member from the district at large. (c) A vacancy shall be filled in the same manner as an original appointment. The person appointed shall reside within the area he or she represents. (Amended by Stats. 2005, Ch. 590, Sec. 44. Effective January 1, 2006.)
  48. 49121.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    An authorized governing body may appoint a district board member from among its own members.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49121. Any governing body authorized by Section 49120 to appoint a member to the district board may make the appointment from its own members. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  49. 49122.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Board members in office on September 15, 1961 must classify themselves by lot so that their terms end on the stated dates, and later board members serve four-year terms.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49122. The members of the district board in office on September 15, 1961, shall, as soon as practicable thereafter, so classify themselves, by lot, that a majority of the members serve until January 1, 1963, and a minority of the members of the district board shall serve until January 1, 1965, or until the appointment of their successors or their resignation or termination of residence within the area they represent. Thereafter, the term of office of each succeeding member of the district board shall be four years and each shall hold office until the appointment of his or her successor or his or her resignation or termination of residence within the area he or she represents. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  50. 49123.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    District board members may be reimbursed for approved official expenses, and the board may set member compensation up to $100 per day, with a six-day-per-month cap; the chairperson and qualifying secretary must each receive monthly compensation set by the board.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Board of Directors [49120 - 49123] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49123. (a) A member of a district board may be reimbursed, subject to Sections 53232.2 and 53232.3 of the Government Code, for actual and necessary expenses incurred by that member in the performance of official business of the district as approved by the district board. (b) A district board may provide, by ordinance or resolution, compensation to a member of the board in an amount not to exceed one hundred dollars ($100) per day for each day of attendance at a meeting of the board or for each day of service rendered as director by request of the board. A member of a district board may receive compensation pursuant to this subdivision for no more than six days in a calendar month. (c) For purposes of this section, the determination of whether a member of a district board’s activities on any specific day is compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (d) In addition to any other compensation received pursuant to this section, the chairperson of a district board and the secretary of a district board, if the secretary is a member of the district board, shall each receive monthly compensation as established by the district board. (Amended by Stats. 2016, Ch. 21, Sec. 1. (AB 1817) Effective January 1, 2017.)
  51. 49130.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Powers and Duties [49130 - 49131] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board may make rules, hire staff, contract with public agencies, manage property, operate disposal facilities, charge fees, and borrow money for district purposes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Powers and Duties [49130 - 49131] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49130. The district board may do all of the following: (a) Make and enforce all rules and regulations necessary for the administration and government of the district and for the operation and maintenance of the garbage and refuse disposal site acquired by the district. (b) Appoint agents, employees, and experts for the district sufficient to maintain and operate the property acquired for the purposes of the district. (c) Enter into contracts with other public agencies which may be necessary or proper to accomplish the purposes of the district. (d) Acquire, in the name of the district, by gift, purchase, condemnation, or otherwise and own, control, manage, dispose of, and exchange, any interest in real or personal property. (e) Perform all acts necessary or proper to accomplish the purposes of this chapter. (f) Maintain and operate a garbage disposal site and facilities and fix and collect fees for the use thereof. (g) Borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  52. 49131.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Powers and Duties [49130 - 49131] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board may choose a depository for district funds, and the depository must provide security and pay district warrants under the board’s rules.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Powers and Duties [49130 - 49131] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49131. The district board may designate any depository for the custody of any or all the money collected or received for district purposes pursuant to Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. A depository shall give security sufficient to secure the district against possible loss and shall pay the warrants drawn by the district for demands against the district under the rules that the district board prescribes. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  53. 49140.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board must send a written estimate of next year’s funding needs to the county board of supervisors and county auditor at least 15 days before the relevant tax-levy month starts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49140. At least 15 days before the first day of the month in which the board of supervisors of the county in which the district is situated is required by law to levy the amount of taxes required for county purposes, the district board shall furnish the board of supervisors and county auditor of the county an estimate in writing of the amount of money necessary for district’s purposes during the next ensuing fiscal year. The county tax collector shall collect the district taxes at the same time and in the same manner as the county taxes are collected. Unless the governing board has designated any depository pursuant to Section 49131, all money collected for district purposes shall be paid into the county treasury and paid out on warrants of the county auditor drawn on the county treasurer, upon order of the district board. The amount of money necessary for the district’s purposes may include a cash-basis fund. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  54. 49141.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board may add reserve money to its budget estimate and may authorize reserve use or fund transfers by vote or resolution.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49141. The district board may also include in its estimate prepared pursuant to Section 49140 an unappropriated reserve to cover expenditures that have not been provided for, or that have been insufficiently provided for, or for unforeseen requirements. The money in any unappropriated reserve fund so established may be made available for appropriation by a four-fifths vote of the members of the district board at any regular or special meeting of which all members have had reasonable notice. In addition, the district board may further provide, by resolution, for transfers or revisions of unencumbered funds within the general district expenditures provided for during any fiscal year where, in the opinion of the district board, the transfer or revision is necessary for purposes of the district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  55. 49142.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The county board of supervisors must levy the garbage and refuse disposal district tax and calculate its rate using the statutory formula.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49142. The board of supervisors of the county in which the district is situated shall, at the time of levying county taxes, levy a tax to be known as the “____ garbage and refuse disposal district tax,” sufficient to raise the amount reported to it by the district board, upon property of the district in the county. The board of supervisors shall determine the rate of the tax by deducting 5 percent for anticipated delinquencies from the total assessed value of the taxable property of the district within the county as it appears on the assessment roll of the county, and then dividing the sum reported to it by the district board by the remainder of the total assessed value. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  56. 49143.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board of supervisors must levy a district tax, capped at 15 cents per $100 of taxable property in the county.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49143. For purposes of the district, the board of supervisors shall levy a tax of not more than fifteen cents ($0.15) on each one hundred dollars ($100) of taxable property of the district in the county. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  57. 49144.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board may establish and maintain a cash-basis fund, but the fund may not exceed 60% of estimated fiscal-year expenditures.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 5. Taxation [49140 - 49144] ( Article 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49144. The district board may establish and maintain a cash-basis fund for the purpose of defraying district expenses between the beginning of a fiscal year and the time of distribution of tax receipts in a fiscal year. The cash-basis fund shall not exceed 60 percent of the estimated expenditures for a fiscal year. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  58. 49150.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 6. Claims [49150- 49150.] ( Article 6 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Claims for money or damages against the district are generally governed by specified Government Code provisions, unless those provisions or other expressly applicable laws or regulations say otherwise.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 6. Claims [49150- 49150.] ( Article 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49150. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  59. 49160.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district cannot issue general obligation bonds unless district electors approve them at a special election.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49160. No general obligation bonds shall be issued by the district unless the issuance thereof is approved by the electors of the district at a special election as provided in this article. If the district board finds that it is necessary to incur a bonded indebtedness to obtain funds with which to carry out the purposes of the district, it may submit the proposition to the voters of the district. For that purpose, a special election shall be called by resolution. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  60. 49161.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A resolution must state specific details about the proposed bond issue and election.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49161. The resolution shall state all of the following: (a) The general objectives and purposes for which it is proposed to incur an indebtedness. (b) A general description of all property to be acquired or damaged and work to be executed through the expenditure of the funds secured by the issuance and sale of the bonds. (c) An estimate of the cost of the proposed work. (d) The amount of the bonds proposed to be issued. (e) The number of years beyond which the bonds are to run. (f) The rate of interest or a maximum rate of interest to be paid. (g) The date of the election. (h) The election precincts, polling places, and election officers. (Amended by Stats. 2006, Ch. 538, Sec. 605. Effective January 1, 2007.)
  61. 49162.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board may combine several general-election precincts into one precinct for a bond election and describe it by reference to the general-election precincts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49162. For purposes of the bond election, the district board may consolidate into one precinct several precincts established for general election purposes and describe the precinct by reference to the general election precincts. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  62. 49163.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board must appoint an election board for each precinct.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49163. An election board consisting of one inspector, one judge and one clerk shall be appointed by the district board for each precinct. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  63. 49164.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Only voters registered in the district may vote at the bond election.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49164. Only voters registered in the district are eligible to vote at the bond election. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  64. 49165.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The resolution calling the election must be published once a week for three successive weeks in a newspaper with general circulation in the district that the district board designates.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49165. A resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district and designated by the district board. No other notice of the election is required. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  65. 49166.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If two-thirds of votes cast favor the bonded indebtedness, the district must issue and sell bonds for the amount stated in the election resolution.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49166. If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution calling the election shall be issued and sold. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  66. 49167.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Courts may not question the validity of the bonds after issuance, except on specified grounds.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49167. The validity of the bonds after their issuance shall not be questioned in any court except on the ground that the provisions of this chapter authorizing their issuance are unconstitutional, or that the required hearing regarding the formation of the district was not regularly held or proper notice of it was not given. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  67. 49168.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board must set the bond and coupon form by resolution, fix the payment times and place in the bonds, and keep the bond term within 40 years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49168. The district board shall prescribe, by resolution, the form of the bonds and interest coupons. The bonds shall be payable at the times and at a place to be fixed by the district board and designated in the bonds, together with interest on all sums unpaid on that date until all of the indebtedness has been paid. The term of the bonds issued shall not exceed 40 years. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  68. 49169.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board sets bond denominations, but each bond must be between $100 and $1,000. The bond terms must also specify the payment day and place, and the interest rate may not exceed 8% per year and must be paid semiannually after the first year.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49169. The bonds shall be issued in the denominations that the district board determines, except that no bond shall be of a denomination less than one hundred dollars ($100) or greater than one thousand dollars ($1,000). The bonds shall be payable on the day and at the place fixed in the bonds, and with interest at the rate specified in the bonds, which rate shall not be in excess of 8 percent per annum and shall, after the first year, be payable semiannually. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  69. 49170.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    District bonds must be signed by the chairperson of the district board, countersigned by the county auditor, and sealed with the district board seal; the interest coupons must be consecutively numbered and signed by the county auditor.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49170. The bonds shall be signed by the chairperson of the district board and countersigned by the county auditor, and the seal of the district board shall be affixed. The interest coupons of the bonds shall be numbered consecutively and signed by the county auditor by his or her engraved or lithographed signature. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  70. 49171.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A bond officer’s signature or countersignature stays valid even if the officer leaves office before the bonds are delivered to the purchaser.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49171. If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his or her signature or countersignature shall be as valid as if he or she had remained in office until the delivery of the bonds. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  71. 49172.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The district board may issue and sell district bonds, but not below par value, and the proceeds must go into the county treasury.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49172. The district board may issue and sell bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  72. 49173.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Premiums and accrued interest from the bond sale must be paid into the bond fund, and the remaining sale proceeds must go to the district’s construction fund.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49173. All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal of, and interest on, the bonds and the remainder of the proceeds of the sale shall be paid into the construction fund of the district. Proper records of the transactions shall be placed upon the books of the county treasurer. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  73. 49174.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Construction fund money must be used only for the purposes stated in the bond-election resolution, and payments from that fund require district board authorization.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49174. (a) The funds in the construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. (b) Payments from the construction fund shall be made upon demands authorized by the district board, and shall be prepared, presented, and audited in the same manner as demands upon funds of the county. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  74. 49175.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If a bond proposition fails, the district board may wait six months and then call or order another bond election.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49175. If the proposition of issuing bonds submitted at the bond election fails to receive the requisite number of votes, the district board may, after expiration of six months after that election, call or order another bond election, either for the same objects and purposes, or for any other object or purpose of the district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  75. 49176.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If certain conditions are met, the district board may send voters a question about issuing additional bonds.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49176. If bonds have been issued by the district and the proceeds of the sale have been expended and the district board, by resolution passed by a vote of two-thirds of all its members, determines that the public interest or necessity of the district demands the issuance of additional bonds for carrying out any of the objects of the district, the district board may again submit to the voters the question of issuing additional bonds in the same manner as for a first issue. All provisions of this chapter for the issuance and sale of bonds, and for the expenditure of proceeds, apply to the issuance of additional bonds. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  76. 49177.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Bonds and interest must be paid from revenue raised by an annual tax on property in the district.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49177. Bonds and interest thereon shall be paid by revenue derived from an annual tax upon the property in the district, and all the property in the district shall be and remain liable to be taxed for those payments. The bonds and the interest thereon shall not be taxable in this state. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  77. 49178.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines when a bond issue exists and allows the district board to split an issue into divisions or series with different payment dates.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49178. (a) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal submitted to and approved by the electors of the district, but no indebtedness is deemed to have been contracted until bonds have been sold and delivered and then only to the extent of the principal amount of the bonds so sold and delivered. (b) The district board issuing bonds may, in its discretion, divide the aggregate principal amount of the issue into two or more divisions or series and fix different dates for the bonds of each separate division or series. If any authorized issue is divided into two or more divisions or series, the bonds of each division or series may be made payable at the time or times fixed by the district board, separate and distinct from the time or times for the payment of bonds of any other division or series of the same issue. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  78. 49179.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If a district has issued bonds, the district board must include the amount needed to pay bond principal and interest due before the next general tax levy in its annual statement to the board of supervisors.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49179. Whenever a district has issued bonds, in its annual statement to the board of supervisors as to the amount of money needed for district purposes during the next ensuing fiscal year pursuant to Section 44140, the district board shall include, in addition thereto, the amount necessary to pay the principal of, and interest on, those bonds that will become due before the time for making the next general tax levy. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  79. 49180.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the district board does not provide the required bond-payment amount statement, the board of supervisors must determine the amount, levy it, and make sure it is collected.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49180. If the district board fails to furnish to the board of supervisors a statement of the amount of money necessary to pay the principal of, and interest on, the bonds as required by Section 49179, the board of supervisors shall ascertain that amount and shall levy it and cause it to be collected. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  80. 49181.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The county treasurer must pay the bonds’ principal and interest as required by law.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 7. Bonds [49160 - 49181] ( Article 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49181. The principal of, and interest on, the bonds shall be paid by the treasurer of the county in the manner prescribed by law for the principal of, and interest on, the bonds of the county. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  81. 49190.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 8. Revenue Bonds [49190- 49190.] ( Article 8 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A district formed under this chapter is treated as a local agency for purposes of the Revenue Bond Law of 1941.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 8. Revenue Bonds [49190- 49190.] ( Article 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49190. A district formed pursuant to this chapter is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), and the provisions of that law are applicable to that district. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  82. 49195.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 9. Change of Boundaries [49195- 49195.] ( Article 9 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A district’s boundaries may be changed, and contiguous outlying territory may be annexed under the listed state reorganization law.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Garbage and Refuse Disposal Districts [49100 - 49195] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 9. Change of Boundaries [49195- 49195.] ( Article 9 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49195. The boundaries of any district may be altered, and outlying contiguous territory, whether incorporated or unincorporated, may be annexed pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (Amended by Stats. 2003, Ch. 296, Sec. 37. Effective January 1, 2004.)
  83. 49200.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    County boards of supervisors may grant garbage-related franchises or permits only under this chapter’s terms and conditions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49200. Every franchise or permit for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, shall be granted by the board of supervisors only under the terms and conditions of this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  84. 49201.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A county may, through a board-of-supervisors resolution, invite bids for a garbage-related franchise or permit, and the board must publish notice and follow the bidding timeline.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49201. (a) Any county may, by resolution adopted by the board of supervisors, call for bids for the granting of a franchise or permit, exclusive or otherwise, for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, according to the terms and conditions set forth in the resolution, for a period of time not to exceed 25 years. (b) After adoption of the resolution pursuant to subdivision (a), the board of supervisors shall cause to be published once a week for two successive weeks a notice which shall set forth all of the terms and conditions in the resolution and the time, date, and place for the receiving and opening of sealed bids, which shall not be sooner than four full weeks from date of the first publication of the notice. (c) Upon examination by the board of supervisors of the bids, the franchise or permit may be awarded to the lowest qualified bidder. The board of supervisors may postpone the granting of the franchise or permit from time to time until it has had a full and complete opportunity to examine the merits of each bid. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  85. 49202.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The successful bidder must file a bond with the board of supervisors when the franchise or permit is granted.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49202. The successful bidder shall file with the board of supervisors, upon grant of the franchise or permit, a bond in favor of the county in an amount and under the terms and conditions prescribed by the board of supervisors. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  86. 49203.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A county may set additional terms and conditions in its resolution and advertised notice, so long as they do not conflict with this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49203. The county may, in the resolution and advertised notice, impose terms and conditions other than those specified in this chapter if they are not in conflict with this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  87. 49204.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A bidder may include extra or conflicting propositions, terms, and conditions in a franchise or permit bid if they do not conflict with this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49204. A bidder may in his or her franchise or permit bid set forth any propositions, terms, and conditions that the bidder may desire to offer, or receive the benefit from, which may be in addition to, or in conflict with, those specified in the resolution or advertised notice calling for bids, if they are not in conflict with this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  88. 49205.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A county board of supervisors may extend certain pre-1980 garbage or refuse franchise or permit terms once, up to 25 years, if specified conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Franchise by Counties [49200 - 49205] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49205. The board of supervisors which, prior to July 1, 1980, adopted an ordinance governing the granting of franchises or permits for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, and which granted franchises or permits pursuant to that ordinance covering defined zones or areas of the county, may extend the term of any of those franchises or permits for only one additional period not exceeding 25 years without advertising or calling for bids as required by Section 49201, if all of the following conditions exist: (a) (1) The county franchise or permit ordinance contains rules and regulations for the protection of the public health and welfare and provides that the board of supervisors may control the rates to be charged customers by the franchise or permitholders. (2) Notwithstanding any provision in a county ordinance, the board of supervisors shall not increase the rates to be charged to customers by franchise or permitholders without first calling and holding a public hearing on the proposed increase in rates. Publication of notice of the hearing required by this paragraph shall be made by the board of supervisors pursuant to Section 6066 of the Government Code. (b) The franchise or permit proposed to be extended was granted in strict compliance with the requirements for calling and advertising for bids and award to the lowest qualified bidder pursuant to Section 49201, and was otherwise granted in strict compliance with this chapter. (c) The franchise or permit proposed to be extended was granted on a nonexclusive basis so that the board of supervisors is not precluded from granting additional franchises or permits to cover the same areas if, in the judgment and discretion of the board of supervisors, the public interest will be served thereby. (d) The county franchise or permit ordinance authorizes the county auditor or any other qualified public accountant to audit periodically the books and records of the franchise or permitholders. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  89. 49300.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. City Garbage Disposal Contracts [49300- 49300.] ( Chapter 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A city’s legislative body may make contracts for garbage and refuse collection or disposal.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. City Garbage Disposal Contracts [49300- 49300.] ( Chapter 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49300. The legislative body of a city may contract for the collection or disposal, or both, of garbage, waste, refuse, rubbish, offal, trimmings, or other refuse matter under the terms and conditions that are prescribed by the legislative body of the city by resolution or ordinance. (Amended by Stats. 2005, Ch. 590, Sec. 45. Effective January 1, 2006.)
  90. 49400.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Garbage and Refuse Dumps [49400- 49400.] ( Chapter 5 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local governments and public or municipal corporations may not open or run garbage/refuse dumps, transfer stations, or collection points in a city or county unincorporated area without the required local consent.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Garbage and Refuse Dumps [49400- 49400.] ( Chapter 5 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49400. No city, county, district, or public or municipal corporation shall acquire and operate, or cause to be acquired and operated, a dump or site for the disposal of garbage or refuse, or a transfer station or collection point for garbage or refuse, within a city without the consent of the city council or within the unincorporated area of a county without the consent of the board of supervisors. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  91. 49500.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The definitions in this article govern how this chapter is interpreted, unless the context otherwise requires.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49500. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  92. 49501.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “exclusive solid waste handling services” as a local agency action that gives an exclusive right to provide solid waste handling services in all or part of the agency’s territory.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49501. “Exclusive solid waste handling services” means any action by a local agency, whether by franchise, contract, license, permit, or otherwise, whereby the agency itself or one or more other local agencies or solid waste enterprises has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the local agency. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  93. 49501.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    “Lawfully provided” means a solid waste enterprise’s services are in substantial compliance with its franchise, contract, license, or permit.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49501.3. “Lawfully provided” means the services of the solid waste enterprise are in substantial compliance with the terms and conditions of its franchise, contract, license, or permit. (Added by Stats. 1998, Ch. 811, Sec. 2. Effective September 24, 1998.)
  94. 49501.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “license” for solid waste handling services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49501.5. “License” means a solid waste license issued by a local agency or a business license issued by a local agency if the local agency has not established any other form of authorization for the lawful provision of solid waste handling services. (Added by Stats. 1998, Ch. 811, Sec. 3. Effective September 24, 1998.)
  95. 49502.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    “Local agency” means a county, city, or district that can provide solid waste handling services itself or let other local agencies or solid waste enterprises provide those services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49502. “Local agency” means any county, city, or district having the authority to provide solid waste handling services either by the agency itself or by authorizing or permitting other local agencies or solid waste enterprises to provide solid waste handling services. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  96. 49503.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “solid waste” broadly to include many kinds of putrescible and nonputrescible solid and semisolid waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49503. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  97. 49504.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    “Solid waste enterprise” means a person or private organization regularly engaged in providing solid waste handling services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49504. “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  98. 49505.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    “Solid waste handling services” means collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial, institutional, or industrial users or customers.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Definitions [49500 - 49505] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49505. “Solid waste handling services” means the collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial, institutional, or industrial users or customers. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  99. 4951.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The chapter requires inmates and wards assigned to conservation camps to do public conservation work, and it allows agencies to consult and make necessary contracts to support multiple-purpose conservation projects.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4951. In enacting this chapter, it is the purpose of the Legislature to declare the existence of a California Conservation Camp program to provide for the training and use of the inmates and wards assigned to conservation camps in the furtherance of public conservation. It is the policy of this state to require the inmates and wards assigned to such camps to perform public conservation projects including, but not limited to, forest fire prevention and control, forest and watershed management, recreation, fish and game management, soil conservation and forest and watershed revegetation. In order to effect the maximum possible conservation and development of natural resources for the benefit of the people of this state, whenever reasonably possible, conservation projects of a multiple purpose nature shall be undertaken by the California Conservation Camps. The various agencies concerned with conservation projects shall consult and advise with each other to promote these multiple-purpose conservation projects and in order to achieve this goal may enter into such contracts as may be necessary. (Repealed and added by Stats. 1965, Ch. 1144.)
  100. 49510.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Legislative Findings [49510- 49510.] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The provision says local agencies may provide solid waste handling services, and solid waste enterprises already provide all or substantial portions of those services in many parts of the state.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Legislative Findings [49510- 49510.] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49510. The Legislature finds and declares as follows: (a) Although local agencies are authorized to furnish solid waste handling services, in extensive parts of the state solid waste enterprises are furnishing all or substantial portions of necessary solid waste handling services. (b) It is in the public interest to foster and encourage solid waste enterprises so that, at all times, there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling services. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  101. 4952.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “California Conservation Camps” or “camps.”

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4952. As used in this chapter “California Conservation Camps” or “camps” means any camps now or hereafter established, as provided by law, for the purpose of receiving prisoners committed to the custody of the Director of Corrections and wards committed to the Director of the Youth Authority, and in which the work projects performed by the inmates or wards are supervised by employees of the department. (Amended by Stats. 1976, Ch. 1300.)
  102. 49520.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A solid waste enterprise may keep providing authorized solid waste handling services after notice, usually for up to five years, unless it has an exclusive franchise or contract.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49520. If a local agency has authorized, by franchise, contract, license, or permit, a solid waste enterprise to provide solid waste handling services and those services have been lawfully provided for more than three previous years, the solid waste enterprise may continue to provide those services up to five years after mailed notification to the solid waste enterprise by the local agency having jurisdiction that exclusive solid waste handling services are to be provided or authorized, unless the solid waste enterprise has an exclusive franchise or contract. If the solid waste enterprise has an exclusive franchise or contract, the solid waste enterprise shall continue to provide those services and shall be limited to the unexpired term of the contract or franchise or five years, whichever is less. (Amended by Stats. 1998, Ch. 811, Sec. 4. Effective September 24, 1998.)
  103. 49521.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A solid waste enterprise providing continuation services must follow its franchise, contract, license, or permit terms and meet local service quality and frequency requirements. If the local agency has set rates, the agency may require comparable rates.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49521. A solid waste enterprise providing continuation solid waste handling services pursuant to Section 49520 is subject to the following conditions: (a) The services of the solid waste enterprise shall be in substantial compliance with the terms and conditions of the franchise, contract, license, or permit, and meet the quality and frequency of services required by the local agency in other areas not served by the solid waste enterprise. (b) If the local agency has established rates for solid waste handling services, the solid waste enterprise may be required by the local agency to adhere to rates that are comparable to those established by the local agency. (Amended by Stats. 1998, Ch. 811, Sec. 5. Effective September 24, 1998.)
  104. 49522.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A city that annexes territory keeps the right to end, for cause, certain solid-waste franchises, contracts, licenses, or permits.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49522. Nothing in this chapter affects the right of a city following annexation to terminate for cause a franchise, contract, license, or permit held by a solid waste enterprise authorized by the county. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  105. 49523.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A local agency or solid waste handling enterprise may contract to end all or part of a solid waste enterprise’s business before the time period in Section 49520 expires, if the terms are mutually satisfactory.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49523. Any local agency or solid waste handling enterprise may contract, upon mutually satisfactory terms, for the termination of all or any part of the business of the solid waste enterprise before the expiration of the period specified in Section 49520. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  106. 49524.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A solid waste enterprise may not waive its right to continue providing solid waste handling services under this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 6. Solid Waste Enterprises [49500 - 49524] ( Chapter 6 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Continuation of Services [49520 - 49524] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49524. Notwithstanding Section 49523, a solid waste enterprise may not waive the right to continue to provide solid waste handling services as provided in this chapter. (Added by Stats. 1998, Ch. 811, Sec. 6. Effective September 24, 1998.)
  107. 4953.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must use conservation camp inmates and wards for fire prevention, fire control, and other department work, and it may make certain conservation contracts or cooperative agreements subject to required approvals.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4953. (a) The department shall utilize inmates and wards assigned to conservation camps in performing fire prevention, fire control, and other work of the department. At times it deems proper and on terms it deems wise, the department may enter into contracts or cooperative agreements with a public agency, local, state, or federal, or with a qualified nonprofit organization that has a demonstrated ability to plan, implement, and complete a conservation project and meets other criteria, as determined by the department, for the performance of other conservation projects that are appropriate for those public agencies or that nonprofit organization under policies that shall be established by the California Correctional Training and Rehabilitation Authority. The charge for the service shall be determined by the director. All these contracts are subject to the approval of the director and the Director of General Services. (b) For the purposes of this section, “nonprofit organization” means any California corporation exempt from taxation under Section 501(c)(3), 501(c)(4), or 501(c)(5) of the federal Internal Revenue Code. (Amended by Stats. 2025, Ch. 241, Sec. 67. (SB 857) Effective January 1, 2026.)
  108. 4956.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Work performed under the contracts or agreements must follow requirements set by the Director of Corrections and the Director of the Youth Authority.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4956. The conditions of work to be performed under such contracts or agreements shall be consistent with the requirements, as determined by the Director of Corrections and the Director of the Youth Authority, for maintaining control of inmates or wards committed to their respective custody. (Repealed and added by Stats. 1965, Ch. 1144.)
  109. 4957.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may use conservation camp inmates and wards for rescue, saving life, property protection, and certain watershed revegetation work, and may cooperate with local agencies.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4957. Conservation camp inmates and wards may be utilized in the rescue of lost or injured persons, the saving of life, and the protection of property. The department may cooperate with local agencies of government to accomplish these purposes. The department may also, upon the request of the appropriate local agency, utilize conservation camp inmates and wards in the performance of watershed revegetation and related work necessary to prevent flood damage to land resulting from the destruction of vegetation by fire. (Amended by Stats. 1982, Ch. 1277, Sec. 6.)
  110. 4958.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Conservation camp inmates and wards may be used, if the appropriate public agency requests it, for levee maintenance, reconstruction, or other work to prevent flood damage.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 4. CONSERVATION AND TRAINING PROGRAM [4951 - 4958] ( Part 4 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. California Conservation Camp Program [4951 - 4958] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4958. Conservation camp inmates and wards may, upon the request of the appropriate public agency, be utilized in the performance of preventive maintenance or reconstruction of levees or of any other work necessary to prevent flood damage to land resulting from levee breaks or overflows. (Added by Stats. 1983, Ch. 732, Sec. 2.)
  111. 49600.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. General Provisions [49600 - 49602] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A person must not operate a crematory in any city or town to destroy garbage, ashes, offal, or other refuse by fire heat unless this chapter allows it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. General Provisions [49600 - 49602] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49600. No person shall operate in any city or town any crematory for the destruction by fire heat of garbage, ashes, offal, or other refuse matter, except as provided in this chapter. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  112. 49601.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. General Provisions [49600 - 49602] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A crematory covered by Section 49600 may be operated only in a way that prevents the spread of disease from its gases or fumes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. General Provisions [49600 - 49602] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49601. No crematory described in Section 49600 shall be operated in this state except in a manner which will prevent the propagation of disease through contamination of the atmosphere of any city or town by the gases or fumes arising from the fires or ovens of the crematory. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  113. 49602.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. General Provisions [49600 - 49602] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A person who burns or destroys garbage, ashes, offal, or other refuse by fire or cremation, in violation of this article, commits a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. General Provisions [49600 - 49602] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49602. Every person who burns by fire heat or destroys by cremation any garbage, ashes, offal, or other refuse matter in violation of this article is guilty of a misdemeanor. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  114. 49620.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Cremation of Animal Refuse [49620- 49620.] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    It is illegal to burn or try to burn dead animal carcasses or offal near a city, town, or village, unless the burning happens in a crematory approved by the local health authority.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 8. GARBAGE AND REFUSE DISPOSAL [49000 - 49620] ( Part 8 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 7. Burning Garbage [49600 - 49620] ( Chapter 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Cremation of Animal Refuse [49620- 49620.] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 49620. Any person who destroys, or who attempts to destroy, the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop by fire within one-fourth of a mile of any city, town, or village, except in a crematory whose construction and operation are satisfactory to the board of health of the city or the health officer of the town, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one year or by fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  115. 49650.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. )

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    This section defines key terms for the wipes labeling rules, including covered entity, covered product, high contrast, label notice, principal display panel, and symbol.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. ) ## 49650. For purposes of this part, the following definitions apply: (a) “Covered entity” means the manufacturer of a covered product that is sold in the state or offered for sale in the state. “Covered entity” includes a wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered product. (b) “Covered product” means a consumer product sold in the state or offered for sale in the state that is either of the following: (1) A premoistened nonwoven disposable wipe marketed as a baby wipe or diapering wipe. (2) A premoistened nonwoven disposable wipe that is both of the following: (A) Composed entirely of or in part of petrochemical-derived fibers. (B) Likely to be used in a bathroom and has significant potential to be flushed, including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes. (c) “High contrast” means satisfying both of the following conditions: (1) Is provided by either a light symbol on a solid dark background or a dark symbol on a solid light background. (2) Has at least 70 percent contrast between the symbol artwork and background using the following formula: (A) (B1 – B2) / B1 * 100 = contrast percentage. (B) B1 = the light reflectance value of the lighter area and B2 = the light reflectance value of the darker area. (d) (1) “Label notice” means the phrase “Do Not Flush” and the size of the label notice shall be equal to at least 2 percent of the surface area of the principal display panel in size. (2) For covered products regulated pursuant to the Federal Hazardous Substances Act (15 U.S.C. Sec. 1261 et seq.) by the United States Consumer Product Safety Commission under Section 1500.121 of Title 16 of the Code of Federal Regulations, if the label notice requirements in paragraph (1) would result in a type size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for the first aid instructions. (3) For covered products required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), if the label notice requirements in paragraph (1) would result in a type size on the principal display panel larger than a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for the “keep out of reach of children” statement under the Federal Insecticide, Fungicide, and Rodenticide Act. (e) (1) “Principal display panel” means the side of the product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale. (2) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes 40 percent of the product package as measured by multiplying the height of the container by the circumference. (3) In the case of a flexible film package in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. (f) “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018. The symbol shall be sized equal to at least 2 percent of the surface area of the principal display panel, except as specified in clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 49651. (Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)
  116. 49651.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. )

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    Covered entities must label covered products with the required symbol and notice, follow placement and visibility rules, and must not make flushable claims.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. ) ## 49651. (a) Except as provided in subdivisions (b), (c), (d), and (f), a covered product manufactured on or after July 1, 2022, shall be labeled clearly and conspicuously in adherence with the following labeling requirements: (1) In the case of cylindrical or near cylindrical packaging intended to dispense individual wipes, a covered entity shall comply with one of the following options: (A) Place the symbol and label notice on the principal display panel in a location reasonably viewable each time a wipe is dispensed. (B) Place the symbol on the principal display panel, and either the symbol or label notice, or the symbol and label notice in combination, on the flip lid, subject to the following: (i) If the label notice does not appear on the flip lid, the label notice shall be placed on the principal display panel. (ii) The symbol or label notice, or the symbol and label notice in combination, on the flip lid may be embossed, and in that case are not required to comply with paragraph (6). (iii) The symbol or label notice, or the symbol and label notice in combination, on the flip lid shall cover a minimum of 8 percent of the surface area of the flip lid. (2) In the case of flexible film packaging intended to dispense individual wipes, a covered entity shall place the symbol on the principal display panel and dispensing side panel and place the label notice on either the principal display panel or dispensing side panel in a prominent location reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the dispensing side of the package, two symbols are not required. (3) In the case of refillable tubs or other rigid packaging intended to dispense individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed. (4) In the case of packaging not intended to dispense individual wipes, a covered entity shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location. (5) A covered entity shall ensure the packaging seams, folds, or other package design elements do not obscure the symbol or the label notice. (6) A covered entity shall ensure the symbol and label notice have sufficiently high contrast with the immediate background of the packaging to render it likely to be seen and read by the ordinary individual under customary conditions of purchase and use. (b) For covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within shall comply with the labeling requirements in subdivision (a) applicable to the particular packaging types, except the following: (1) Individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling. (2) Outer packages that do not obscure the symbol and label notice on individual packages contained within. (c) If a covered product is provided within the same packaging as another consumer product for use in combination with the other product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subdivision (a). (d) If a covered product is provided within the same package as another consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity may comply with the requirements of subdivision (a) by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product. (e) A covered entity, directly or through a corporation, partnership, subsidiary, division, trade name, or association in connection to the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product. (f) (1) If a covered product is required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and the Department of Pesticide Regulation under Division 6 (commencing with Section 11401) of the Food and Agricultural Code, then the covered entity shall submit a label compliant with the labeling requirements of subdivision (a) no later than January 1, 2023, to the United States Environmental Protection Agency, and upon its approval, to the Department of Pesticide Regulation. (2) If the United States Environmental Protection Agency or the Department of Pesticide Regulation does not approve a product label that otherwise complies with the labeling requirements of subdivision (a), the covered entity shall use a label with as many of the requirements of this section as the relevant agency has approved. (g) A covered entity may include on a covered product words or phrases in addition to those required for the label notice if the words or phrases are consistent with the purposes of this part. (Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)
  117. 49652.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. )

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    Covered entities must run a consumer education and outreach program, do survey and study activities, provide materials in Spanish and English, report annually, and avoid conflicting or out-of-scope promotion.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. ) ## 49652. (a) The California Consumer Education and Outreach Program is hereby established. As part of the program, covered entities, in collaboration with other covered entities, shall do all of the following: (1) Participate in a collection study conducted in collaboration with wastewater agencies for the purpose of gaining understanding of consumer behavior regarding the flushing of covered products as a key input into the design of a consumer education and outreach program. The collection study shall be jointly coordinated by the California Association of Sanitation Agencies and a group of covered entities. (2) Conduct a consumer opinion survey to identify baseline consumer behavior and awareness regarding the flushing or other disposal of covered products. (3) Measure effectiveness of the consumer education program on consumer awareness of the symbol and label notice and consumer attitudes about disposal of covered products by conducting a subsequent consumer awareness survey comparing the baseline data provided by the 2022 survey with survey data from subsequent years. The surveys to determine the effectiveness and ongoing success of the consumer education program shall take place annually until December 31, 2026. (b) Covered entities, either independently or in collaboration with other covered entities or other organizations, shall conduct a comprehensive multimedia education and outreach program in the state. At a minimum, the education and outreach program shall do both of the following: (1) Promote consumer awareness and understanding of and compliance with the symbol and label notice requirements. Covered entities shall provide wastewater agencies with the consumer education messaging for the symbol and the label notice. The wastewater agencies may include the messaging as part of their routine communications with customers within their service area. (2) Provide education and outreach in Spanish and English. (c) Covered entities shall take reasonable steps to ensure that they do not promote products outside of the scope of this part as part of the education and outreach program. (d) Covered entities shall take reasonable steps to ensure that their education and outreach program does not conflict with the programs of other covered entities or groups of covered entities. (e) Covered entities, either independently or in collaboration with other covered entities, shall report to the Senate Committee on Environmental Quality, the Assembly Committee on Environmental Safety and Toxic Materials, and the State Water Resources Control Board on their activities under this section on an annual basis. The State Water Resources Control Board shall post the reports on its internet website. (f) The California Consumer Education and Outreach Program shall conclude on December 31, 2026. (g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
  118. 49653.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. )

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    People or covered entities that violate Section 49651 can face injunctions and civil penalties.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. ) ## 49653. (a) A person who violates Section 49651 may be enjoined in any court of competent jurisdiction. (b) (1) A covered entity who violates Section 49651 may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. For purposes of this section, offering for sale or selling in California one or more units of the same covered product labeled in violation of Section 49651 shall constitute a single violation for each day the noncompliant units are offered for sale or sold. (2) In assessing the amount of a civil penalty for a violation of Section 49651, the court shall consider all of the following: (A) The nature, circumstances, extent, and gravity of the violation. (B) The violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment. (C) The violator’s ability to pay the proposed penalty. (D) The effect that the proposed penalty would have on the violator and the community as a whole. (E) Whether the violator took good faith measures to comply with this part and when these measures were taken. (F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (G) Any other factor that justice may require. (c) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor. (d) (1) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, county counsel, city prosecutor, district attorney, or Attorney General, whichever office brought the action. (2) Moneys collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to Section 17206 of the Business and Professions Code. (Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)
  119. 49654.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. )

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    This provision says the part is severable and applies to all cities, including charter cities, while preempting local rules on labeling covered products.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 9. Premoistened Nonwoven Disposable Wipes [49650 - 49654] ( Part 9 added by Stats. 2021, Ch. 590, Sec. 2. ) ## 49654. (a) The provisions of this part are severable. If any provision of this part 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. (b) The Legislature finds and declares that this part addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this part applies to all cities, including charter cities. This part supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the labeling of covered products. (Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)
  120. 5.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

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    The general provisions in this code apply to interpreting the code unless the context requires a different reading.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 5. Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1939, Ch. 93.)
  121. 500.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. )

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    This section defines “department” and “director” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Department of Parks and Recreation [500 - 563] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Organization and General Powers [500 - 514] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 500. As used in this chapter, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation. (Added by Stats. 1965, Ch. 1144.)
  122. 50000.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. )

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    This section limits when new or expanded solid waste facilities may be established, and sets county, city, and task force review steps and deadlines.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. ) ## 50000. (a) Until an integrated waste management plan has been approved by the California Integrated Waste Management Board pursuant to Division 30 (commencing with Section 40000), no person shall establish a new solid waste facility or transformation facility or expand an existing solid waste facility or transformation facility that will result in a significant increase in the amount of solid waste handled at the facility without a certification by the enforcement agency that one of the following has occurred: (1) The facility is identified and described in, or found to conform with, a county solid waste management plan that was in compliance with statutes and regulations in existence on December 31, 1989, adopted pursuant to former Title 7.3 (commencing with Section 66700) of the Government Code as that former statute read on December 31, 1989. The conformance finding with that plan shall be in accordance with the procedure for a finding of conformance that was set forth in the plan prior to January 1, 1990. (2) The facility is identified and described in the most recent county solid waste management plan that has been approved by the county and by a majority of the cities within the county that contain a majority of the population of the incorporated area of the county, except in those counties that have only two cities, in which case, the plan has been approved by the county and by the city that contains a majority of the population of the incorporated area of the county. (3) Pursuant to the procedures in subdivision (b), the facility has been approved by the county and by a majority of the cities within the county that contain a majority of the population of the incorporated area of the county, except in those counties that have only two cities, in which case, the facility has been approved by the county and by the city that contains a majority of the population of the incorporated area of the county. (4) The facility is a material recovery facility and the site identification and description of the facility have been submitted to the task force created pursuant to Section 40950 for review and comment, pursuant to the procedures set forth in subdivision (c). For purposes of this paragraph, “material recovery facility” means a transfer station that is designed to, and, as a condition of its permit, shall, recover for reuse or recycling at least 15 percent of the total volume of material received by the facility. (5) The facility is identified and described in the countywide siting element that has been approved pursuant to Section 41721. (b) (1) The review and approval of a solid waste facility or transformation facility that has not been identified or described in a county solid waste management plan shall be initiated by submittal by the person or agency proposing the facility of a site identification and description to the county board of supervisors. (2) The county shall submit the site identification and description to each city within the county within 20 days from the date that the site identification and description is submitted to the county board of supervisors. The county and each city shall approve or disapprove by resolution the site identification and description within 90 days from the date that the site identification and description are initially submitted to the county or city. Each city shall notify the county board of supervisors of its decision within that 90-day period. If the county or a city fails to approve or disapprove the site identification and description within 90 days, the city or county shall be deemed to have approved the site identification and description as submitted. (3) If a city or county disapproves the site identification and description, the city or county shall mail notice of its decision by first-class mail to the person or agency requesting the approval within 10 days of the disapproval by the city or county, stating its reasons for the disapproval. (4) No county or city shall disapprove a proposed site identification and description for a new solid waste facility or transformation facility or an expanded solid waste facility or transformation facility that will result in a significant increase in the amount of solid waste handled at the facility unless it determines, based upon substantial evidence in the record, that there will be one or more significant adverse impacts within its boundaries from the proposed project. (5) Within 45 days from the date of a decision by a city or county to disapprove a site identification and description, or a decision by the board not to concur in the issuance of a permit pursuant to Section 44009, any person may file with the superior court a writ of mandate for review of the decision. The evidence before the court shall consist of the record before the city or county that disapproved the site identification and description or the record before the board in its determination not to concur in issuance of the permit. Section 1094.5 of the Code of Civil Procedure shall govern the proceedings conducted pursuant to this subdivision. (c) To initiate the review and comment by the task force required by paragraph (4) of subdivision (a) and subdivision (d), the person or agency proposing the facility shall submit the site identification and description of the facility to the task force. Within 90 days after the site identification and description are submitted to the task force, the task force shall meet and comment on the facility in writing. Those comments shall include, but are not limited to, the relationship between the proposed new or expanded material recovery facility and the requirements of Section 41780. The task force shall transmit those comments to the applicant, to the county, and to all of the cities in the county. (d) On or before February 1, 1991, each county, by vote of the board of supervisors and the majority of the cities in the county containing a majority of the population of the incorporated area of the county, except in those counties that have only two cities, in which case the vote is subject to approval of the city that contains a majority of the population of the incorporated area of the county, shall adopt two resolutions after holding a public hearing. One resolution shall address solid waste transfer facilities that are designed to, and, as a condition of their permits, shall, recover for reuse or recycling less than 15 percent of the total volume of material received by the facility and that serve more than one jurisdiction. The second resolution shall address solid waste transfer facilities that are designed to, and, as a condition of their permits, shall, recover for reuse or recycling less than 15 percent of the total volume of material received by the facility and that serve only one jurisdiction. These resolutions shall specify whether the facilities shall be subject to the review and approval process described in subdivision (b) or the review and comment process described in subdivision (c). If the resolutions required by this subdivision are not adopted on or before February 1, 1991, those facilities shall be subject to the review process described in subdivision (c). For purposes of this subdivision, a facility serves only one jurisdiction if it serves only one city, only the unincorporated area of one county, or only one city and county. (Amended by Stats. 2004, Ch. 183, Sec. 307. Effective January 1, 2005.)
  123. 50000.5.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. )

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    Before approval of a countywide integrated waste management plan, no person may establish or expand a solid waste facility or transformation facility unless the city or county makes a consistency finding tied to the applicable general plan.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. ) ## 50000.5. (a) Until a countywide integrated waste management plan has been approved by the California Integrated Waste Management Board pursuant to Division 30 (commencing with Section 40000), no person shall establish or expand a solid waste facility or transformation facility unless the city or county in which the site is located makes a finding that the establishment or expansion of the facility is consistent with the applicable general plan of the city or county. This finding shall not be made unless the city or county has adopted a general plan which complies with the provisions of Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code. (b) In addition to the requirements in subdivision (a), any new or expanded solid waste disposal facility or transformation facility shall be deemed to be consistent with the general plan only if both of the following requirements are met: (1) The facility is located in a land use area designated or authorized for solid waste facilities in the applicable city or county general plan. (2) The land uses which are authorized adjacent to, or near, the facility are compatible with the establishment, or expansion of, the solid waste disposal facility or transformation facility. (Added by Stats. 1990, Ch. 1617, Sec. 5. Effective September 30, 1990.)
  124. 50001.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. )

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    A person generally may not establish or expand a solid waste facility in the county after plan approval unless the facility fits one of the listed approval criteria. The proposing person or agency must also submit a site description to the task force, and the task force must comment in writing within 90 days and send those comments to listed recipients.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. ) ## 50001. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria: (1) The solid waste facility is a disposal facility, a transformation facility, or an EMSW conversion facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721. (2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element. (b) Solid waste facilities other than those specified in paragraphs (1) and (2) of subdivision (a) shall not be required to comply with the requirements of this section. (c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description of the proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility. (d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element. (Amended by Stats. 2013, Ch. 411, Sec. 12. (AB 1126) Effective January 1, 2014.)
  125. 50001.2.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. )

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    This section says the division does not restrict a city or county from entering a joint powers agreement about solid waste facility procedures, plans, policies, and criteria.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. ) ## 50001.2. Nothing in this division is intended to limit the ability of a city or county to enter into a joint exercise of powers agreement to establish procedures, plans, policies, and criteria to which solid waste facilities shall conform. (Added by Stats. 1992, Ch. 1291, Sec. 11. Effective January 1, 1993.)
  126. 50001.5.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. )

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    If the board or a local governmental entity asks, the Attorney General must bring an action to enforce this division.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. ) ## 50001.5. At the request of the board or any local governmental entity, the Attorney General shall bring an action to enforce this division. (Added by Stats. 1992, Ch. 1291, Sec. 12. Effective January 1, 1993.)
  127. 50002.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. )

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    The Board may adopt regulations that exempt certain solid waste facilities from specified section requirements, if it makes listed findings.

    ## Public Resources Code - PRC ## DIVISION 31. WASTE MANAGEMENT FACILITIES [50000 - 50002] ( Division 31 added by Stats. 1989, Ch. 1247, Sec. 3. ) ## 50002. (a) The California Integrated Waste Management Board may, by regulation, specify classifications of solid waste facilities that are exempt from the requirements of Sections 50000, 50000.5, and 50001. The regulation may be adopted only if the board makes all of the following findings: (1) The exemption is not contrary to the public interest. (2) The quantity of solid wastes to be disposed of at each site is insignificant. (3) The nature of the solid wastes poses no significant threat to the public health, the public safety, or the environment. (b) The application to land of agricultural products derived from municipal sewage sludge for use as a fertilizer material, based on a finding by the board that the nature of the solid waste poses no significant threat to the public health, the public safety, or the environment, is exempt from the requirements of Sections 50000 and 50000.5. (Amended by Stats. 1990, Ch. 1617, Sec. 6. Effective September 30, 1990.)
  128. 5001.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Department of Parks and Recreation has control of the state park system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001. (a) The Legislature finds and declares all of the following: (1) California’s state parks are a true reflection of our state’s collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect California’s heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment. (2) The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system. (3) Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state. (b) The Department of Parks and Recreation has control of the state park system. (Amended by Stats. 2015, Ch. 573, Sec. 4. (SB 204) Effective January 1, 2016.)
  129. 5001.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    This section defines “department” and “director” for this division.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.1. As used in this division, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation. (Added by Stats. 1965, Ch. 1144.)
  130. 5001.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director must promote and regulate use of the state park system while conserving scenery, natural and historic resources, and wildlife.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.2. The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations. (Added by Stats. 2015, Ch. 573, Sec. 5. (SB 204) Effective January 1, 2016.)
  131. 5001.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must make prize compensation identical across gendered categories for qualifying events, and it must not approve a special event permit if the event does not meet that condition.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.3. (a) As used in this section: (1) “Event” means a competition event that uses lands or facilities under the jurisdiction of the department. (2) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation. (b) The department, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a special event permit that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The department shall not approve a special event permit for an event that does not comply with this condition. (Added by Stats. 2019, Ch. 276, Sec. 2. (AB 467) Effective January 1, 2020.)
  132. 5001.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may manage certain state marine areas, and it may also manage state water quality protection areas if the State Water Resources Control Board requests it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.4. The department may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, state marine recreational management areas and, if requested by the State Water Resources Control Board, state water quality protection areas. Department authority over units within the state park system shall extend to units of the state MMAs system that are managed by the department. (Amended by Stats. 2003, Ch. 610, Sec. 15. Effective January 1, 2004.)
  133. 5001.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    References to the state park system are treated as references to the state vehicular recreation areas when the reference concerns a duty, power, purpose, responsibility, or jurisdiction that can be exercised there.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.5. Whenever any reference is made to the state park system with respect to a duty, power, purpose, responsibility, or jurisdiction that can be exercised or carried out within the state vehicular recreation areas, it shall be deemed to be also a reference to, and to mean, the state vehicular recreation areas. (Amended by Stats. 2004, Ch. 908, Sec. 1. Effective January 1, 2005.)
  134. 5001.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    State park units may be located in a state seashore, but they must be managed according to their classification under Section 5019.62. The department may also create a recreational trail system in Monterey Bay State Seashore and must determine seashore boundaries and identify additional lands.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.6. (a) Notwithstanding Section 5001.95, units of the state park system may be located within, and be a part of, a state seashore. However, the unit shall be managed in accordance with its classification as provided in Section 5019.62. (b) The following state seashores are hereby established consisting of appropriate coastal lands described in this subdivision together with any other lands that may, from time to time, be acquired by the state as an addition to these state seashores: (1) Del Norte State Seashore, consisting of lands lying between Pyramid Point and Point Saint George, particularly lands to assure public access to, and scenic protection of, Pyramid Point; beach and dune lands, water-bottom and shoreline lands at Lake Earl, including Lake Talawa, all within Del Norte County. (2) Clem Miller State Seashore, consisting of lands extending from the mouth of the Eel River to Pudding Creek at Fort Bragg, and including lands at Bear Harbor, Usal Creek, Cottoneva Creek, shore and upland additions to Westport-Union Landing State Beach, DeHaven Creek uplands, Ten Mile River estuary, and MacKerricher State Park, all within Humboldt and Mendocino Counties. (3) Mendocino Coast State Seashore, consisting of lands extending from Jughandle Creek to the Gualala River, and including the Pygmy Forest Ecological Staircase, Russian Gulch State Park, Mendocino Headlands State Park, Van Damme State Park, Greenwood Creek Beach, Bowling Ball Beach and the Gualala River shoreline and estuary, all within Mendocino County. (4) Sonoma Coast State Seashore, consisting of lands extending from the Gualala River to Bodega Head, and including the Kruse Rhododendron State Reserve, Salt Point State Park, Fort Ross State Historic Park, and Sonoma Coast State Beach, all within Sonoma County. (5) Año Nuevo State Seashore, consisting of lands extending from Pillar Point to the City of Santa Cruz, and including the San Mateo Coast State Beaches, Año Nuevo State Reserve, Big Basin Redwoods State Park, and Natural Bridges State Beach, all within San Mateo and Santa Cruz Counties. (6) (A) Monterey Bay State Seashore, consisting of lands extending from Natural Bridges State Beach south to Point Joe, including Lighthouse Fields, Twin Lakes, New Brighton State Beach, Seacliff, Manresa, Sunset, Zmudowski, Moss Landing, Salinas River, Marina, Monterey, and Asilomar, all within Santa Cruz and Monterey Counties. (B) The department may establish a recreational trail system within the boundaries of the Monterey Bay State Seashore that is to be dedicated as the Sam Farr Recreational Trail System. (7) San Luis Obispo State Seashore, consisting of lands extending from Cayucos to Lion’s Head and including Cayucos State Beach, Morro Strand State Beach, Atascadero State Beach, Morro Bay State Park, Montana de Oro State Park, Avila State Beach, Pismo State Beach, Pismo Dunes State Vehicular Recreation Area and Point Sal State Beach, all within San Luis Obispo and Santa Barbara Counties. (8) Santa Barbara Coast State Seashore, consisting of lands extending from Gaviota to Las Llagas Canyon, and including Gaviota State Park, Refugio State Beach, and El Capitan State Beach, all within Santa Barbara County. (9) Point Mugu State Seashore, consisting of lands extending from Ormond Beach to San Nicholas Canyon, and including Mugu Lagoon, Point Mugu State Park, and Leo Carrillo State Beach, all within Ventura and Los Angeles Counties. (10) Capistrano Coast State Seashore, consisting of lands extending from Newport Beach to San Mateo Point, and including Corona Del Mar State Beach, Irvine Coast, Doheny State Beach, and San Clemente State Beach, all within Orange County. (11) (A) San Diego Coast State Seashore, consisting of lands extending from San Onofre State Beach to La Jolla, and including San Onofre State Beach, Carlsbad State Beach, Robert C. Frazee State Beach, South Carlsbad State Beach, Leucadia State Beach, Moonlight State Beach, San Elijo State Beach, Cardiff State Beach, Torrey Pines State Beach, and Torrey Pines State Reserve, all within San Diego County. (B) That section of Carlsbad State Beach within the San Diego Coast State Seashore that is located north of Agua-Hedionda Lagoon is hereby renamed Robert C. Frazee State Beach. (c) The department shall determine the precise boundaries of each state seashore, may revise those boundaries from time to time, and shall identify additional lands appropriate for inclusion in state seashores. (d) Section 5019.62 does not apply to lands lying within the boundaries of state seashores established pursuant to this section until those lands have been acquired by the state and designated as state park system lands that are a part of a state seashore. (Amended by Stats. 2002, Ch. 953, Sec. 3. Effective January 1, 2003.)
  135. 5001.65.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Commercial exploitation of resources in state park system units is prohibited, but listed activities are allowed. Taking mineral specimens for recreational purposes also needs prior approval from the director.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.65. (a) Commercial exploitation of resources in units of the state park system is prohibited, except all of the following is permissible: (1) Slant or directional drilling for oil or gas with the intent of extracting deposits underlying the Tule Elk State Reserve in Kern County in accordance with Section 6854. (2) Commercial fishing, unless otherwise restricted, in state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas. (3) (A) The commercialization of investigation results, provided that commercialization is consistent with the requirements of Section 5001.67. (B) For purposes of this paragraph, “investigation results” means the results of scientific research, scientific investigation, or the progeny of biological samples collected pursuant to subdivision (a) of Section 5001.67. (b) The taking of mineral specimens for recreational purposes from state beaches, state recreation areas, or state vehicular recreation areas is permitted upon receiving prior approval of the director. (Amended by Stats. 2019, Ch. 477, Sec. 1. (SB 442) Effective January 1, 2020.)
  136. 5001.67.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    This section lets qualified institutions and individuals do nondestructive scientific research in state park system units only with prior director approval, and it allows commercialization of results only if public disclosure and a benefits-sharing agreement have been completed.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.67. (a) Qualified institutions and individuals shall be encouraged to conduct nondestructive forms of scientific investigation within state park system units, upon receiving prior approval from the director. (b) An applicant may commercialize particular investigation results only if the applicant has completed both of the following: (1) Published or otherwise placed into the public domain the investigation results. (2) (A) Entered into a benefits sharing agreement issued pursuant to this paragraph. (B) A benefits sharing agreement shall be limited to the particular investigation results and the specific commercial application identified in paragraph (1) of subdivision (c). (C) A benefits sharing agreement shall describe the department’s equitable compensable interest in the commercial application of the particular investigation results. Among other considerations, this may include monetary and nonmonetary benefits provided to the department resulting from the commercial application identified in paragraph (1) of subdivision (c). (D) A benefits sharing agreement shall not be approved solely for its revenue-producing potential. (c) The director, in the director’s discretion, may enter into a benefits sharing agreement with an applicant for purposes of subdivision (b) if the applicant has taken the following actions: (1) Identified the commercial application and the particular investigation results to be used in the commercial application. (2) Described how the commercial application identified pursuant to paragraph (1) will provide a compelling public benefit to the state, particularly benefits that advance resource protection and management. (3) Demonstrated that no further collection of specimens or disturbance of state park system resources will be required for the commercial application identified pursuant to paragraph (1). (4) Agreed to any other required terms and conditions of the department and paid any required application and administrative fees to the department. (d) The department may set and collect application fees for permits and applications pursuant to this section and Section 5001.65 in amounts not to exceed the reasonable costs of the department. (e) The department shall deposit fees collected pursuant to subdivision (d), the proceeds collected from a benefits sharing agreement entered into pursuant to this section, and moneys paid pursuant to subdivision (h), into the State Parks and Recreation Fund, to be available to the department, upon appropriation by the Legislature, for the management and restoration of natural resources of the state park system and administration of this section. It is the intent of the Legislature that any moneys deposited in the State Parks and Recreation Fund pursuant to this section are in addition to and do not supplant or replace any existing state funding for the operation and maintenance of the state park system. (f) The department shall post, and update annually, information regarding approved commercialization applications, including the applicant’s name, the park unit affected, a brief description of the project permitted, and a summary of the benefits sharing agreement, on its internet website. (g) Nothing in this section relieves any applicant from compliance with state and federal laws and regulations, including permit requirements. (h) In addition to all other remedies in law or equity that the department may have, any person or entity that commercializes or seeks to commercialize investigation results obtained within the state park system without a director-approved benefits sharing agreement shall be required to pay 75 percent of gross revenue from the commercialization of the investigation results to the department. (i) For purposes of this section, “investigation results” means the results of scientific research, scientific investigation, or the progeny of biological samples collected pursuant to subdivision (a). (Added by Stats. 2019, Ch. 477, Sec. 2. (SB 442) Effective January 1, 2020.)
  137. 5001.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Aircraft landings in state park system units are limited: airport facilities and services may be allowed only in some units if the department finds visitor-use expansion and compatibility, and they are excluded from certain protected units and other units where the department finds impairment or incompatibility.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.7. The landing of aircraft in units of the state park system is subject to the following limitations: (a) Airport facilities and services may be allowed in a unit of the state park system, other than a state wilderness, state reserve, natural preserve, or cultural preserve, if the department determines that it is desirable to expand visitor use of the unit and that the location of such facilities and services is compatible with the management of the unit in relation to its primary usage. (b) Airport facilities and services shall be excluded from state wilderness, state reserves, natural preserves, and cultural preserves, and shall be excluded from any other unit of the state park system where the department determines that the primary resource value of the unit would be impaired by such facilities and services or that a landing strip or flight patterns would not be compatible with the recreation experience of other visitors. (Amended by Stats. 1978, Ch. 615.)
  138. 5001.8.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Motor vehicle use in state park units is restricted by location; some areas prohibit it, and other areas limit it to designated or paved routes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.8. (a) The use of motor vehicles in units of the state park system is subject to the following limitations: (1) In state wildernesses, natural preserves, and cultural preserves, use is prohibited. (2) In state parks, state reserves, state beaches, wayside campgrounds, and historical units, use is confined to paved areas and other areas specifically designated and maintained for normal ingress, egress, and parking. (3) In state recreation areas, use is confined to specifically designated and maintained roads and trails. (b) The use of motor vehicles on lands in the state vehicular recreation areas is confined to areas and routes designated for that purpose. (Amended by Stats. 2004, Ch. 908, Sec. 2. Effective January 1, 2005.)
  139. 5001.9.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Some existing improvements in the state park system may not be expanded, and new facilities may not be developed unless they fit the unit’s classification.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.9. (a) Any improvement existing within the state park system as of January 1, 1979, which fails to comply with the provisions of former Section 5001.5 as they read immediately prior to January 1, 1979, or Article 1.7 (commencing with Section 5019.50) of this chapter shall not be expanded. (b) No new facility may be developed in any unit of the state park system unless it is compatible with the classification of the unit. (Amended by Stats. 1980, Ch. 781, Sec. 1.)
  140. 5001.95.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    A state park system unit generally cannot be located inside another state park system unit, except for a state wilderness, natural preserve, or cultural preserve.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.95. No state park system unit, other than a state wilderness, a natural preserve, or a cultural preserve, shall be located within the boundaries of another state park system unit. (Amended by Stats. 1978, Ch. 615.)
  141. 5001.96.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Attendance at state park system units must stay within limits based on carrying capacity under Section 5019.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5001.96. Attendance at state park system units shall be held within limits established by carrying capacity determined in accordance with Section 5019.5. (Added by Stats. 1971, Ch. 1722.)
  142. 5002.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    This section says certain state-owned or state-controlled parks and related sites make up the State Park System, with two named exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002. All parks, public camp grounds, monument sites, landmark sites, and sites of historical interest established or acquired by the State, or which are under its control, constitute the State Park System except the sites and grounds known as the State Fair Grounds in the City of Sacramento, and Balboa Park in the City of San Diego. (Amended by Stats. 1947, Ch. 1054.)
  143. 5002.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Before a state park unit is classified or reclassified, the department must prepare an inventory of the unit’s scenic, natural, and cultural features and submit it to the State Park and Recreation Commission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.1. Prior to the classification or reclassification of a unit of the state park system into any of the categories specified in Article 1.7 (commencing with Section 5019.50) of this chapter, the department shall prepare an inventory of the unit’s scenic, natural, and cultural features, including, but not limited to, ecological, archaeological, historical, and geological features. The inventory shall be submitted by the department to the State Park and Recreation Commission for its consideration when classifying or reclassifying a unit. (Amended by Stats. 1978, Ch. 615.)
  144. 5002.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must prepare or revise a general plan for a park unit before new facilities are developed, and it must submit that plan to the State Park and Recreation Commission for approval.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.2. (a) (1) Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan for the unit. (2) The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit. (3) The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval. (b) The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the unit’s classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose. (c) Notwithstanding subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (d) Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis. (e) Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity. (f) The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system. (g) The department, in consultation with the State Park and Recreation Commission, by January 1, 2018, shall provide the Legislature with recommendations for improving the state park planning and approval process to help achieve the following goals: (1) Provide for more efficient and cost-effective development, approval, and timely updates of park unit general plans, including through the use of multi-unit general plans where appropriate. (2) Provide for public participation in the development and update of park general plans and related planning documents. (3) Streamline reviews carried out pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and other applicable statutes. (4) Enable the department to reduce, by 2025, the current backlog of general plans to be developed for parks that currently lack a general plan or that have an existing general plan that is more than 25 years old and requires significant revision to address pressing public access and resource management issues. (Amended by Stats. 2016, Ch. 201, Sec. 10. (AB 2549) Effective January 1, 2017.)
  145. 5002.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The State Park and Recreation Commission must schedule and publicly notice hearings for park unit classification, reclassification, and general plan approval, follow timing and location rules, and record each member’s vote.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.3. A public hearing shall be scheduled by the State Park and Recreation Commission to consider each matter of classification or reclassification of a unit and of approval of the department’s general plan for a unit. Notice of the hearing shall be posted in plain sight at one or more places within the affected unit, published in one or more newspapers of general circulation in each county within which the affected unit is located, and mailed to every person who has filed a request for notice of the hearing with the commission. If the notice of hearing is published in a weekly newspaper, it shall appear therein on at least two different days of publication; and if in a newspaper published more often, there shall be at least five days from the first to the last day of publication, both days included. The content of the notice of hearing shall substantially comply with the requirements of Section 11346.5 of the Government Code. Copies of the department’s inventory of features, in the case of a hearing on classification or reclassification, or copies of the department’s general plan, in the case of a hearing on approval of the plans, shall be made available to the public at the department’s appropriate regional and district offices on the last date of publication of the notice. The hearing shall be held by the commission in, or within a radius of 100 miles of, the City of San Diego, Los Angeles, San Francisco, San Bernardino, Eureka, Redding, Fresno, Ukiah, Monterey, San Luis Obispo, Santa Barbara, or Sacramento, whichever is closest to the unit affected, not less than 30 days, nor more than 60 days, after the last date of publication of the notice. The hearing shall be conducted in the manner specified in Section 11346.8 of the Government Code. The vote of each individual member of the commission on each matter of classification or reclassification and of approval of the department’s general plan shall be recorded when the final decision of the commission is announced. (Amended by Stats. 1990, Ch. 1027, Sec. 1. Effective September 19, 1990.)
  146. 5002.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must provide a copy of a prepared general plan for a state park unit to any Member of the Legislature if requested.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.4. The department shall furnish a copy of the general plan for any unit of the state park system for which a plan has been prepared to any Member of the Legislature, upon request. (Repealed and added by Stats. 1983, Ch. 439, Sec. 8.)
  147. 5002.45.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must prepare or revise the park’s general plan after the specified land transfer, and the plan must include listed access, hearing, and use provisions. The commission must hold a hearing, may authorize limited hunting in the plan, and a county road may not be closed without county supervisors’ concurrence.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.45. (a) Notwithstanding any other provision of this article, upon completion of the land transfer authorized in Section 6 of Chapter 1234 of the Statutes of 1980, the department shall prepare a general plan or revise any existing general plan, as the case may be, for the Sinkyone Wilderness State Park. The plan shall also include the leased property described in paragraph (2) of subdivision (c) of Section 6 of that chapter. (b) The general plan shall be as provided in Section 5002.2 and shall also include all of the following: (1) Provision for a system of recreational trails connected one to another and to other recreational trails in the region. (2) Provision for a system of nonmotorized transportation, at least for those unable to hike long distances because of age or disability. The department may contract for a privately owned and operated system of horse-drawn carriages to be operated at no cost to the state in order to provide this nonmotorized transportation. (3) Provision for parking of motor vehicles at Usal and Low Gap or elsewhere at the perimeter of or near the Sinkyone Wilderness State Park. This may include patrolled parking areas on the perimeter of or near the park or parking lots in nearby communities with shuttle buses to the wilderness area, or both; in any case, the department may charge fees not to exceed its actual costs. (4) Provision for sportfishing. In addition, notwithstanding any other provision of law, the commission may consider and authorize as a part of the plan continuation of and regulation of hunting on the limited basis traditional to the area, to the extent it does not endanger human health or safety. (5) Provision for the continuation and renewal of road easements which existed on January 1, 1980, across the park, to the extent that the roads are necessary to provide access to neighboring property. (6) Provision for the maintenance and use of the existing structure known as Needle Rock House as a visitor-serving or interpretive facility or another use compatible with the preservation of the wilderness environment. (7) Provision for any restrictions on the use of existing county roads within the park, which restrictions may be necessary to protect human health or safety, natural resources, or wilderness values of the park; and provision for posting of signs on those roads to notify persons of road conditions. (c) The department, in preparing or revising the general plan, shall hold at least one public hearing in each of Mendocino and Humboldt Counties. (d) The State Park and Recreation Commission shall conduct at least one public hearing at a location within a 100-mile radius of the park to consider approval of the department’s general plan. Notice of the hearing, the availability of copies of the department’s general plan, and the conduct of the hearing shall be in accordance with Section 5002.3. (e) The State Park and Recreation Commission shall evaluate the compatibility of continued use of existing roads with the proposed uses of the park in the general plan adopted by the commission pursuant to this section. However, no county road shall be closed except with the concurrence of the board of supervisors of the county in which it is located. (Amended by Stats. 1984, Ch. 37, Sec. 1. Effective March 14, 1984.)
  148. 5002.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may accept a gift of title to the Chinese Taoist Temple if it is offered, but only after entering an agreement for its operation and maintenance at no cost to the state.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.5. The department may accept a gift of title to the Chinese Taoist Temple in Hanford, Kings County, for the state park system in the event such gift of title is offered to the department. Before title to the Chinese Taoist Temple is offered and accepted pursuant to this section, the department shall enter into an agreement with either a local governmental entity or with a nonprofit organization for the operation of the Chinese Taoist Temple as a unit of the state park system and such agreement shall provide that all operating and maintenance costs associated with the Chinese Taoist Temple shall be at no cost to the state. (Added by Stats. 1974, Ch. 268.)
  149. 5002.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director must transfer the described state beach lands to Los Angeles County on the stated conditions, and the county must use them only for public recreation and beach purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.6. (a) Notwithstanding any other law, and upon the adoption of a resolution of acceptance pursuant to subdivision (j), the director shall grant to the County of Los Angeles, at no cost to the county, in trust for the people of the State of California, and subject to the conditions set forth in this section, all of the rights, title, and interest of the State of California in lands, and improvements thereon, generally described as follows, and more particularly described in the deed: (1) Parcel 1.Approximately 3.83 acres of unimproved land, known as Las Tunas State Beach. (2) Parcel 2.Approximately 31.21 acres of improved land, known as Topanga State Beach. (3) Parcel 3.Approximately 46.34 acres of improved land, being a portion of Manhattan State Beach. (4) Parcel 4.Approximately 26.03 acres of improved land, known as Redondo State Beach. (5) Parcel 5.Approximately 18.07 acres of improved land, known as Royal Palms State Beach. (6) Parcel 6.Approximately 30.64 acres of improved land, being a portion of Point Dume State Beach. (7) Parcel 7.Approximately 15.12 acres of unimproved land, known as Dan Blocker State Beach, and that includes Latigo Shores. (8) Parcel 8.Approximately 10.50 acres of improved land, being a portion of Malibu Lagoon State Beach, known as Surfrider Beach. (b) (1) The grant in trust for the people of the State of California made pursuant to subdivision (a) shall be made upon the express condition that the County of Los Angeles shall use, operate, and maintain the granted lands and improvements on the granted lands for public recreation and beach purposes in perpetuity, and shall comply with all restrictions specified in each deed and prescribed in subdivision (e). The county shall not make or permit any other use of the granted lands and improvements. A violation of this prohibition or a violation of subdivision (e) shall constitute a breach of conditions for purposes of paragraph (2). (2) Upon a material breach of a condition of a grant made pursuant to this section that is determined by a court of competent jurisdiction to have been made intentionally, the State of California shall terminate the interest of the County of Los Angeles in the granted lands and improvements pursuant to Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil Code. Upon exercise of the state’s power of termination in accordance with Section 885.050 of the Civil Code, all rights, title, and interest of the County of Los Angeles in the granted lands and improvements shall terminate and revert to, and rest in, the state, and the county shall, within 30 days from the date of that judgment, pay to the state an amount equal to funds received by the county annually from the appropriation under Schedule (a) of Item 3680-105-516 of the Budget Act of 1995 or from any subsequent appropriation received from the state specifically for the operation or maintenance of the granted lands and improvements. However, in no event shall that payment exceed the sum of one million five hundred thousand dollars ($1,500,000). The returned funds shall be deposited into the State Parks and Recreation Fund. (3) Notwithstanding Section 885.030 of the Civil Code, the state’s power of termination pursuant to paragraph (2) shall remain in effect in perpetuity. (c) An operating agreement between the State of California and the County of Los Angeles pertaining to any of the real property described in subdivision (a), in existence at the time of the grant, shall be terminated by operation of law upon the conveyance of the real property to the County of Los Angeles. (d) There is hereby excepted and reserved to the State of California from the grants made pursuant to subdivision (a) all mineral deposits, as defined in Section 6407, that lie below a depth of 500 feet, without surface rights of entry. (e) The transfer of all rights, title, and interest in the lands and improvements described in subdivision (a) shall be subject to the following restrictions, which shall be specified in each deed: (1) (A) No new or expanded commercial development shall be allowed on the granted real property. (B) A project for new or expanded noncommercial development on the granted real property shall not exceed an estimated cost limitation for each project of two hundred fifty thousand dollars ($250,000), as adjusted annually to reflect the California Construction Index utilized by the Department of General Services. An authorization for new and expanded noncommercial development shall be limited to projects that provide for the safety and convenience of the general public in the use and enjoyment of, and enhancement of, recreational and educational experiences, and shall be consistent with the use, operation, and maintenance of the granted lands and improvements as required pursuant to subdivision (b). The expenditure of public funds for shoreline protective works shall only be permitted for those protective works that the County of Los Angeles determines are necessary for the protection of public infrastructure or a public facility. For purposes of this subparagraph, “project” means the whole of an action that constitutes the entirety of the particular type of new construction, alteration, or extension or betterment of an existing structure. (C) Notwithstanding subparagraph (B), the deed for the conveyance of Royal Palms State Beach shall contain a provision that allows for the implementation of the state-approved local assistance grant (project number SL-19-003) to the County of Los Angeles already approved in the Budget Act of 1988 for noncommercial development to rehabilitate the existing park infrastructure at that state beach. (D) The estimated cost limitation specified in subparagraph (B) shall not apply to the noncommercial projects necessary to bring public accessways and public facilities into compliance with the federal Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sec. 12101 et seq.). The limitation described in this subparagraph shall not affect the restriction described in subparagraph (A). (2) The granted lands and improvements shall not be subsequently sold, transferred, or encumbered. For purposes of this section, “encumber” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction under which the property would serve as security for borrowed funds. A lease of the granted lands or improvements shall only be consistent with the public recreation and beach purposes of this section. (f) As an alternative to the exercise of the power of termination for a material breach of conditions, each condition set forth in this section shall be enforceable as a covenant and equitable servitude through injunction for specific performance issued by a court of competent jurisdiction. (g) On and after June 30, 1998, it is the intent of the Legislature that an application by the County of Los Angeles Fire Department to secure state funding support for boating safety and enforcement on waters within the County of Los Angeles shall be given priority consideration by the Legislature, unless an alternative source of funding is secured before that date that serves the same or similar purposes. (h) (1) Paragraph (1) of subdivision (b), except the requirement that the County of Los Angeles comply with all restrictions specified in the deed, and subdivision (e) shall not apply to a portion of land within Manhattan State Beach, described in paragraph (3) of subdivision (a), known as “Peck’s Manhattan Beach Tract Block 5” and commonly referred to as “Bruce’s Beach.” (2) Notwithstanding any other law, easement, covenant, restriction, or servitude, the portion of land identified in paragraph (1) may be sold, transferred, or encumbered upon terms and conditions determined by the Board of Supervisors of the County of Los Angeles to be in the best interest of the County of Los Angeles and the general public. (3) (A) Notwithstanding Section 110 of the Revenue and Taxation Code, for purposes of determining the full cash value of the land identified in paragraph (1) pursuant to Section 110.1 of the Revenue and Taxation Code upon its sale, transfer, or encumbrance as authorized by this subdivision, the fair market value of that real property shall be its full cash value as of the 1975 lien date, adjusted by an inflation factor determined as provided in subdivision (a) of Section 51 of the Revenue and Taxation Code. (B) (i) Subject to clause (ii), under the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) and the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code), a recipient’s gross income does not include (I) any sale, transfer, or encumbrance of the portion of land identified in paragraph (1) in accordance with the procedures described in this section for the taxable year in which the land is sold, transferred, or encumbered and (II) any gain, income, or proceeds received in the taxable year in which the land is sold, transferred, or encumbered that is directly derived from the sale, transfer, or encumbrance of the portion of land identified in paragraph (1) in accordance with the procedures described in this section. (ii) This subparagraph shall apply only with respect to the first sale, transfer, or encumbrance of the portion of land identified in paragraph (1) as authorized by this subdivision that occurs after the effective date of the act adding this clause, and shall not apply with respect to any subsequent sale or disposition of that land by the recipient or any other person. (C) Notwithstanding any other law, any sale, transfer, or encumbrance of the portion of land identified in paragraph (1) in accordance with the procedures described in this section shall not be subject to any documentary transfer tax imposed pursuant to Section 11911 of the Revenue and Taxation Code. (i) For purposes of this section, the portion of land identified in paragraph (1) of subdivision (h) shall not be subject to Section 11011.1 of the Government Code or Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (j) This section shall become operative only if the Board of Supervisors of the County of Los Angeles adopts a resolution accepting the fee title grants, in trust for the people of the State of California, in accordance with this section, of the lands and improvements described in subdivision (a). (Amended by Stats. 2021, Ch. 435, Sec. 2. (SB 796) Effective September 30, 2021. Section conditionally operative as provided in subd. (j).)
  150. 5002.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The beach bicycle path in Los Angeles County must be named the Marvin Braude Bikeway, and signage is to be placed at appropriate locations. Signage costs are to be funded by agreements between the managing local governments and private sources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.7. (a) The beach bicycle path in the County of Los Angeles, which runs 22.3 miles from its northern end at the Will Rogers State Beach to its southern end in the City of Torrance, shall be named the “Marvin Braude Bikeway” in honor of Marvin Braude, a former member of the City Council of the City of Los Angeles. (b) Signage for the Marvin Braude Bikeway shall be placed at appropriate locations to commemorate the many conservation accomplishments of Marvin Braude, who tirelessly led efforts on behalf of the Santa Monica Mountains Conservancy, helped create the Venice Beach bikeway, and championed many other efforts to create and preserve open space and parks. Costs for the signage shall be funded by agreements made by the managing local governments and private sources. (Added by Stats. 2006, Ch. 177, Sec. 1. Effective January 1, 2007.)
  151. 5002.8.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    This section defines several terms and restricts certain agencies and others from building, funding, approving, or authorizing roads and major thoroughfares in specified protected areas, subject to listed exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5002.8. (a) For purposes of this section, the following definitions apply: (1) “Avoidance area” means the lands encompassed within the avoidance area as defined in the consent decree. (2) “Consent decree” means the judgment confirming and implementing the settlement agreement as entered by the San Diego Superior Court on January 19, 2017, for case numbers GIN051194, GIN051371, 37-2013-00049797-CU-WM-CTL, 37-2013-00050001-CU-WM-NC, and GIN051370. (3) “Orange County Southern Subregion Habitat Conservation Plan” means the habitat conservation plan developed pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) as approved by the United States Fish and Wildlife Service on January 10, 2007. (4) “Protective agreement” means the Agreement to Address Traffic Congestion in South Orange County and Protect Sensitive Environmental, Cultural and Recreational Resources entered into by the Department of Transportation, the Natural Resources Agency, the Foothill/Eastern Transportation Corridor Agency, and the Save San Onofre Coalition, on or about March 10, 2017, pursuant to the consent decree. (5) “Richard H. and Donna O’Neill Conservancy” means those lands that are part of the Richard H. and Donna O’Neill Conservancy and all lands that were part of the Richard H. and Donna O’Neill Conservancy on July 1, 2019. (6) “San Onofre State Beach” means those lands that are currently part of San Onofre State Beach and all lands that were part of San Onofre State Beach on July 1, 2019, including, but not limited to, that portion of Cristianitos Road within the boundaries of San Onofre State Beach. (b) Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3 of the Government Code shall not construct, fund, or operate a major thoroughfare within the avoidance area. (c) The authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in the avoidance area shall be restricted in accordance with the terms and conditions of the protective agreement. (d) (1) Except as provided in paragraph (2), a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, shall not construct, fund, approve, or otherwise authorize the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy. (2) This subdivision does not apply to the construction, funding, approval, or authorization of any of the following: (A) Any new road by the Department of Parks and Recreation that is designed primarily to serve visitors to, or for the management of, San Onofre State Beach and has the sole and exclusive terminus within San Onofre State Beach. (B) Any new road by the Richard H. and Donna O’Neill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard H. and Donna O’Neill Conservancy and has the sole and exclusive terminus within the Richard H. and Donna O’Neill Conservancy. (C) Any improvement to an existing road in San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy, the primary purpose of which is to serve visitors to those facilities, but excluding improvements primarily designed to serve through traffic. (D) Any proposed widening of the existing Interstate 5 facility by the Department of Transportation. (E) Other projects to widen or construct a road or a highway, including any related improvements, mitigation measures, or other requirements, that are located outside of, and do not cause direct adverse impacts to, the avoidance area. (F) Mitigation measures that improve nonmotorized trails or natural resources within San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy. (G) Any road, improvement, or facility that encroaches on the northwestern boundary of the Richard H. and Donna O’Neill Conservancy if all of the following conditions are met: (i) The road, improvement, or facility is a covered activity under the Orange County Southern Subregion Habitat Conservation Plan. (ii) The road, improvement, or facility does not exceed by more than 10 percent the impacts contemplated in the Orange County Southern Subregion Habitat Conservation Plan for that road, improvement, or facility. (iii) The entire length of the encroachment abuts the northwestern boundary of the Richard H. and Donna O’Neill Conservancy. (e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton. (Added by Stats. 2020, Ch. 168, Sec. 2. (AB 1426) Effective January 1, 2021.)
  152. 5003.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must manage park property for the public, and it may make rules and spend its money for that purpose.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003. The department shall administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. Except as provided in Section 18930 of the Health and Safety Code, the department may establish rules and regulations not inconsistent with law for the government and administration of the property under its jurisdiction. The department may expend all moneys of the department, from whatever source derived, for the care, protection, supervision, extension, and improvement or development of the property under its jurisdiction. (Amended by Stats. 1983, Ch. 897, Sec. 2. Effective September 19, 1983.)
  153. 5003.01.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    A concession contract for a new marina at Robert W. Crown Memorial State Beach may run for up to 50 years, if it also provides for rental rates to be reviewed and adjusted every five years.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.01. The Legislature hereby finds and declares that the East Bay Regional Park District is contemplating the development of extensive new marina facilities at the Robert W. Crown Memorial State Beach and that the 20-year term authorized by law would be insufficient to enable any concessionaire to amortize the type and scale of improvements that the district would require the concessionaire to make at the marina. Accordingly, pursuant to subdivision (a) of Section 5080.18, the term of a concession contract entered into by the East Bay Regional Park District for the development and operation of a new marina at the Robert W. Crown Memorial State Beach may be for a period not exceeding 50 years ; provided, that the contract shall provide that the rental rates be reviewed and adjusted every five years to reflect market rates and conditions prevailing in the area in which the concession is located. (Added by Stats. 1983, Ch. 457, Sec. 1.)
  154. 5003.02.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department and the City of Grover Beach may enter a concession contract for Pismo Beach State Park for up to 50 years if rent is reviewed and adjusted at least every five years. The contract also cannot be bid, negotiated, renegotiated, or materially amended unless the Legislature reviews and approves it in the annual Budget Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.02.1. (a) The Legislature hereby finds and declares that the department and the City of Grover Beach, in a joint project, are in the process of entering into an operating agreement for the purpose of negotiating a concession contract for the development of extensive new facilities at Pismo Beach State Park, and that the standard, 20-year term is insufficient to enable the concessionaire to amortize the type and scale of improvements that the department and the city will require the concessionaire to make. (b) The Legislature further finds and declares that approval of commercial development at Pismo Beach State Park does not provide precedent for commercial development in other units of the state park system and is a one-time exception to Sections 5019.53 and 5080.03 by reason of the following circumstances: (1) The general plan for the state park provides for the project. (2) The site is located on the perimeter of the state park and adjacent to State Route 1. (3) The development will not impact the resources or the public’s use of the state park. (4) The land proposed to be developed is suitable for commercial development. (c) Pursuant to subdivision (a) of Section 5080.18, the term of the concession contract entered into by the department and the City of Grover Beach with a concessionaire for the development of new facilities at Pismo Beach State Park may be for a period not to exceed 50 years if the contract also provides that the rent be reviewed and adjusted at least every five years to reflect market rates and economic conditions prevailing in the area in which the concession is located. (d) No contract subject to this section may be advertised for bid, negotiated, renegotiated, or amended in any material respect unless the Legislature reviews and approves the proposed contract in the annual Budget Act. (Added by Stats. 1994, Ch. 70, Sec. 1. Effective January 1, 1995.)
  155. 5003.03.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    This section creates the shoreline park project and assigns the district and department responsibilities for acquisition, planning, funding, cleanup allocation, and later operation planning.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.03. (a) It is the intent of the Legislature, in enacting this section, to provide for the acquisition, planning, and operation of a state park project located on the east shore of the San Francisco Bay. The state park project shall consist of a contiguous shoreline park and bay trail along the east shore of the San Francisco Bay from the Bay Bridge to the Marina Bay Trail in Richmond, serving as a recreational facility within its natural setting developed in concert with a public planning process agreeable to the state and the East Bay Regional Park District. (b) For purposes of this section, the following terms have the following meanings: (1) “Department” means the Department of Parks and Recreation. (2) “District” means the East Bay Regional Park District. (3) “Shoreline park” means a state park project as described in subdivision (a). (c) For the purpose of the acquisition, planning, and development of the shoreline park, the district shall act as agent for the state and, as the state’s agent, shall have the authority to exercise all of the district’s powers for the purposes of acquiring, planning, and developing the shoreline park. The district shall be reimbursed by the state for any direct costs that the district incurs in carrying out these activities, upon appropriation therefor by the Legislature. By appointing the district as agent for the state, it is the intent of the Legislature to direct the state and the district to act in an expeditious manner towards the acquisition, planning, and development of the shoreline park. (d) The department and the district shall negotiate, in good faith, an agreement specifying the activities necessary to accomplish the acquisition, planning, and development of the shoreline park. The agreement shall set forth the roles and responsibilities of the district and the department. Upon execution of the agreement, the remainder of the funds in Items 3790-490-742(2) and 3790-490-721(0.5) of Section 2.00 of the Budget Act of 1992 shall be encumbered for the purposes set forth in the agreement. (e) All property interests acquired pursuant to this section shall be held as a unit of the state park system. (f) All costs associated with the appraisal and acquisition process, including any costs necessary to test for the presence of toxic wastes, hazardous wastes, or hazardous substances, shall come from bond funds which have been designated for the shoreline park project acquisition. (g) The district shall not assume any responsibility or liability or costs associated with the necessary cleanup of any pollution or remediation of other environmental problems that exist as of January 1, 1993, or that may thereafter arise, on any property acquired for the shoreline park using state funds. (h) The district, in consultation with the affected cities and their citizens, shall develop, in accordance with its master plan process, a land use development plan for the shoreline park, which, upon completion, shall be submitted to the department for approval. The land use development plan shall be consistent with the general plans of the affected cities. The district and the department shall utilize the 1982 Feasibility Study as the initial planning document for the shoreline park, recognizing that the park shall be a recreational facility harmonious with its natural setting. (i) When a parcel of land is determined to be available for acquisition for the shoreline park, the district shall notify the department and the department shall expeditiously pursue through the appropriate state process the release of the necessary funding for the acquisition, including all related costs, from funds available pursuant to subparagraph (I) of paragraph (1) of subdivision (b) of Section 5907. (j) Upon completion of the acquisition and planning process, the full remediation of any and all environmental problems, and provision of funding for the development and operation and maintenance of the park, the department and the district shall negotiate , in good faith, a mutually acceptable agreement for the management and operation of the shoreline park. (Added by Stats. 1992, Ch. 1254, Sec. 1. Effective January 1, 1993.)
  156. 5003.05.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Rules adopted under Section 5003 also apply to certain recreational tidelands and submerged lands near department property, unless they conflict with another public agency’s applicable rule.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.05. Rules and regulations adopted pursuant to Section 5003 shall also apply on any granted or ungranted tidelands or submerged lands abutting property of the department and used for recreational purposes by members of the general public in conjunction with their use of the department’s property between the boundary of the lands under the jurisdiction of the department and a line running parallel to and 1,000 feet waterward of the ordinary high water mark, so long as the rule or regulation being applied is not inconsistent with any rule or regulation of any other public agency which is applicable to those tide or submerged lands. (Amended by Stats. 1984, Ch. 679, Sec. 1.)
  157. 5003.06.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may grant specified state park land in trust to the San Joaquin County Office of Education, and the office must use and maintain the land only for park, recreational, or educational purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.06. (a) Notwithstanding any other provision of law, the director may grant, in trust, and subject to the conditions set forth in this section, all of the rights, title, and interest of the State of California in all lands located within the boundaries of Durham Ferry State Park, including any improvements on those lands, to the San Joaquin County Office of Education. (b) The San Joaquin County Office of Education shall use and maintain any lands, and any improvements thereon, that are granted to the office pursuant to subdivision (a) only for park, recreational, or educational purposes. (Added by Stats. 1997, Ch. 374, Sec. 1. Effective January 1, 1998.)
  158. 5003.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Hunting is generally barred in specified state park units, except in new recreational areas and certain marine recreational management areas developed for hunting; the Department of Fish and Game must enforce hunting and fishing laws where hunting or fishing is allowed.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.1. The Legislature finds and declares that it is in the public interest to permit hunting, fishing, swimming, trails, camping, campsites, and rental vacation cabins in certain state recreation areas, or portions thereof, when it is found by the State Park and Recreation Commission that multiple use of state recreation areas would not threaten the safety and welfare of other state recreation area users. Hunting shall not be permitted in any unit now in the state park system and officially opened to the public on or before June 1, 1961, or in any unit hereafter acquired and designated by the commission as a state park, state marine reserve, state marine park, state reserve, state marine conservation area, or state marine cultural preservation area, and may only be permitted in new recreational areas and state marine recreational management areas that are developed for that use. Whenever hunting or fishing is permitted in a state recreation area or state marine recreational management area, and whenever fishing is permitted in a state park, state marine park, state marine cultural preservation area, or state marine conservation area, the Department of Fish and Game shall enforce hunting and fishing laws and regulations as it does elsewhere in the state. (Amended by Stats. 2003, Ch. 610, Sec. 17. Effective January 1, 2004.)
  159. 5003.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may convey specified state trail property to the County of San Mateo, and the county may then develop, improve, operate, and maintain it as part of its trail system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.10. (a) The department may convey, in trust for the development, improvement, operation, and maintenance of trails, to the County of San Mateo, for administration through its parks and recreation department, all rights, title, and interest held or owned by the state, including easements and rights-of-way, in real property located in the County of San Mateo between La Honda Road (Route 84) and Route 280, consisting of seven segments of land within the California Hiking and Riding Trail, as follows: (1) Tract #4, book 3890, page 616, file #7250-T, recorded 11/15/60. (2) Tract #9, book 1903, page 486, file #73287-I, recorded 7/21/50. (3) Tract #10, book 2648, page 547, file #85234-L, recorded 9/13/54. (4) Tract #11, book 1969, page 55, file #96904-I, recorded 11/02/50. (5) Tract #11A, book 2495, page 463, file #17524-L, recorded 11/05/53. (6) Tract #12, book 1995, page 5, file #6416-J, recorded 12/19/50. (7) Tract #14, book 1904, page 667, file #73783-I, recorded 7/22/50. (8) Tract #15, book 2023, page 658, file #17905-J, recorded 2/16/51. (9) Tract #38, including a section of the trail that crosses Skyline Boulevard and proceeds adjacent to the eastern right-of-way line to Westborough Boulevard, where it again crosses Skyline Boulevard and extends west to Malagra Ridge, and that was acquired pursuant to a letter of permission issued by the State of California that was secured on 2/11/60. (b) The County of San Mateo may develop, improve, operate, and maintain the real property conveyed pursuant to subdivision (a) as a part of the county’s trail system. (Added by Stats. 1997, Ch. 374, Sec. 2. Effective January 1, 1998.)
  160. 5003.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may transfer specified state park property to the City of Malibu if the section’s conditions are met.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.11. (a) Notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of state-owned real property, the director may grant to the City of Malibu, subject to the conditions set forth in this section, all of the rights, title, and interest of the state in an approximately 10.81-acre portion of the Malibu Bluffs unit of Malibu Lagoon State Beach, known as Malibu Bluffs Community Park, in the County of Los Angeles. (b) The grant is subject to all of the following conditions: (1) The real property conveyed shall be operated, maintained, and improved by the City of Malibu for park purposes in perpetuity, consistent with any covenants, conditions, and restrictions in the deed transferring the property. (2) The City of Malibu shall pay the department fair market value for the real property conveyed and as restricted by paragraph (1). The fair market value shall be determined by an appraisal that is reviewed and approved by the Department of General Services. (3) The net proceeds from the transfer shall be deposited pursuant to Section 5003.15, with Attorney General review and approval. (c) The Legislature finds and declares that the transfer to the City of Malibu of the real property described in subdivision (a) and subject to the conditions specified in subdivision (b) is excepted from the provisions of Section 5096.516 in accordance with paragraph (3) of subdivision (c) of Section 5096.516. (Added by Stats. 2006, Ch. 77, Sec. 47. Effective July 18, 2006.)
  161. 5003.12.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may convey specified state property interests to the Midpeninsula Regional Open Space District in trust for trail development, improvement, operation, and maintenance.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.12. The department may convey, in trust for the development, improvement, operation, and maintenance of trails, to the Midpeninsula Regional Open Space District all rights, title, and interest held or owned by the state, including easements and rights-of-way, in real property located in the County of San Mateo to the west of, and parallel to, Skyline Boulevard (Route 35) between Allen Road and Spanish Creek Road, south of La Honda Road (Route 84), consisting of five segments of land within the California Hiking and Riding Trail, as follows: (a) Tract #17B, book 2518, page 221, file #27499, recorded 12/05/53. (b) Tract #18A, book 2509, page 42, file #23256-L, recorded 12/07/53. (c) Tract #19, book 2507, page 118, file #22328-L, recorded 12/02/53. (d) Tract #19A, book 3064, page 526, file #73082-H, recorded 7/24/56. (e) Tract #19B, book 2495, page 466, file #17525-L, recorded 11/05/53. (Added by Stats. 1997, Ch. 374, Sec. 3. Effective January 1, 1998.)
  162. 5003.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may grant a trust easement for part of Aptos Creek Road if there is an agreement with the County of Santa Cruz and the use includes beach, park, or recreational access. The County of Santa Cruz must use and maintain lands and improvements granted under this section.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.13. (a) The director may grant, in trust, an easement, subject to an agreement reached between the department and the County of Santa Cruz, of 420 feet of Aptos Creek Road as it extends northward from Soquel Drive to the County of Santa Cruz for county road purposes, if those uses include access for beach, park, and recreational purposes. (b) The County of Santa Cruz shall use and maintain any lands, and any improvements thereon, that are granted to the county pursuant to subdivision (a). (Added by Stats. 2005, Ch. 383, Sec. 19. Effective January 1, 2006.)
  163. 5003.14.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may grant the state’s interest in Oxnard State Beach land to the City of Oxnard, but the grant must be held in trust and follow the section’s conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.14. (a) Notwithstanding any other provision of law, the director may grant, in trust and subject to the conditions set forth in this section, all of the rights, title, and interest of the State of California in all lands located within the boundaries of the Oxnard State Beach to the City of Oxnard in Ventura County. (b)(1) The grant made pursuant to subdivision (a) shall not affect the use or preservation of the beach lands, including the preservation of the primary dune system within the boundaries of the beach lands. (2) The grant shall be made upon the following express conditions: (A) The City of Oxnard shall use and maintain the beach lands, and any improvements thereon, that are conveyed in the deed, for public beach purposes. (B) Any improvements that are constructed or placed on the beach lands after the date that the grant is made shall conform to the Oxnard State Beach General Plan that was adopted pursuant to Section 5002.2. (3) Upon a breach by the City of Oxnard, or its successors or assigns, of any of the conditions upon which the grant is made, as set forth in paragraph (2), all of the rights, title, and interest of the City of Oxnard in the beach lands and improvements thereon shall be terminated pursuant to the procedures prescribed in Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil Code, and all rights, title, and interest in the beach lands and improvements thereon shall revert to, and rest in, the state. (Added by Stats. 1995, Ch. 741, Sec. 1. Effective January 1, 1996.)
  164. 5003.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Sale proceeds from certain state-park land must be deposited into the original funding source, with specific fallback rules and an exception for state vehicular recreation areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.15. The net proceeds of any sale made on behalf of the department pursuant to Section 11011 of the Government Code of any real property originally acquired for state park purposes, regardless of whether that real property is under the jurisdiction of the department, shall be deposited in the fund which was the original source for the acquisition of the property and shall be available for appropriation for the further extension, improvement, or development of the state park system in accordance with the law governing that fund. If the fund of origin is not in existence, or if the original source for the acquisition was funds from the federal government for park purposes or a donation of real property, the net proceeds shall be deposited in the State Parks and Recreation Fund and shall be available for appropriation for the further extension, improvement, or development of the state park system. If the real property was originally acquired with moneys appropriated from the General Fund, the net proceeds shall be deposited in the unappropriated surplus of the General Fund. This section does not apply to the sale of any real property in the state vehicular recreation areas. (Amended by Stats. 2004, Ch. 908, Sec. 3. Effective January 1, 2005.)
  165. 5003.16.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may exchange or sell certain listed property in Old Sacramento State Historic Park to the City of Sacramento, but only with approval from the Director of General Services and subject to fair market value rules and related conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.16. (a) Subject to subdivisions (b) to (f), inclusive, and notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of state-owned real property, with the approval of the Director of General Services, the director may exchange with or sell to the City of Sacramento for fair market value all or part of the following described property located in Old Sacramento State Historic Park that is part of the Old Sacramento Historic District in the City of Sacramento: (1) PARCEL 1: APN 009-0012-048 (Docks). (2) PARCEL 2: APN 009-0012-058 (Docks). (3) PARCEL 3: APN 009-0012-059 (Docks). (4) PARCEL 4: APN 002-0010-023 (Railyards Riverfront). (b) For the purpose of complying with the fair market value requirement of subdivision (a), the City of Sacramento shall be credited for any financial participation it contributes either toward a purchase by the state of a real property interest that benefits Old Sacramento State Historic Park, or in a development project by the state that benefits Old Sacramento State Historic Park, or both. For the purpose of this subdivision, any purchase by the state shall be made at fair market value, and any development by the state shall be valued at fair market value. (c) The transfer authorized in subdivision (a) shall require that the fair market value include consideration for any toxic remediation that needs to be performed on the parcels. (d) Proceeds from the transfer authorized in subdivision (a) shall be used to finance the department’s costs for negotiating the transfer and transferring the property. (e) Any net proceeds from the transfer authorized in subdivision (a) shall be deposited into the State Park Contingent Fund to be used for development or construction within Old Sacramento State Historic Park. (f) Before authorizing an exchange, sale, or transfer, the director shall secure an independent market valuation of the property authorized for transfer. (Added by Stats. 2008, Ch. 761, Sec. 2. Effective September 30, 2008.)
  166. 5003.17.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may lease state park property if the director finds the use is compatible; leases must generally be approved, rent must reflect fair market value, and lease terms may not exceed 10 years unless extra notice and documentation are provided.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.17. (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit. (b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010. (c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services, unless the approval is waived by the department. (d) A lease shall not be entered into that extends beyond the 10-year period unless both of the following conditions are met: (1) At least 30 days’ prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee. (2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease. (Amended by Stats. 2025, Ch. 775, Sec. 5. (SB 630) Effective January 1, 2026.)
  167. 5003.18.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may lease up to 20 acres at Taylor Yard to the City of Los Angeles, but the lease must support park development and operation, comply with stormwater requirements, and cannot be used as a grant-match.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.18. (a) The director may lease to the City of Los Angeles a parcel, not to exceed 20 acres of unimproved real property situated in the City of Los Angeles, that parcel being a portion of the property owned by the department and commonly known as Taylor Yard. (b) Notwithstanding subdivisions (b) and (c) of Section 5003.17, the term of the lease shall be for a period not to exceed 25 years and shall be without monetary consideration for use of the property, except that the city shall fund the development and operation of the park. The terms of the lease shall specify the nature of the city’s control of, and responsibility for the operation of, the parcel. (c) The purpose of the lease shall be for the development and operation by the city of a local park with regional benefits containing and providing organized sports facilities that will primarily serve the youth of the Los Angeles region. (d) If the department determines that the city has failed to develop a local park with regional benefits containing and providing organized sports facilities within five years of execution of the lease, the state shall have the right to terminate the lease. (e) Notwithstanding subdivision (d) of Section 5003.17, the Public Works Board shall review and approve the lease, and shall report any action taken to the Legislature and the Governor. (f) Upon one year’s written notice from the city and upon the state’s written consent as granted pursuant to the state’s sole discretion, the lease may be extended for an additional 25 years commencing on the first calendar day after the date set for expiration of the lease. In exercising its discretion to extend the term of the lease, the state may modify, add, or delete terms and conditions of the lease, including a requirement for monetary consideration for use of the property, as the state may determine to be in the best interest of the state. Pursuant to subdivision (d) of Section 5003.17, the Legislature shall review and approve any extension of the lease. (g) The lease, and any extension of the lease, pursuant to this section shall require the city to comply with applicable stormwater waste discharge requirements issued by the Los Angeles Regional Water Quality Control Board and the State Water Resources Control Board. (h) The City of Los Angeles may not use the lease as its match when applying for grant funds under the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)), or any other state grant funds, to develop Taylor Yard. (Added by Stats. 2003, Ch. 677, Sec. 2. Effective January 1, 2004.)
  168. 5003.19.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director may transfer specified state property to the City of Santa Cruz if the section’s conditions are met.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.19. (a) Notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of state-owned real property, the director may grant to the City of Santa Cruz, subject to the conditions set forth in this section, all of the rights, title, and interest of the state in approximately 37.6 acres, known as Lighthouse Field State Beach, in the County of Santa Cruz. (b) The grant is subject to all of the following conditions: (1) The real property conveyed shall be operated, maintained, and improved by the City of Santa Cruz for park purposes in perpetuity, consistent with any covenants, conditions, and restrictions in the deed transferring the property. (2) The City of Santa Cruz shall pay the department fair market value, in accordance with mutually agreed upon terms, for the real property conveyed and as restricted by paragraph (1). The fair market value shall be determined by an appraisal that is reviewed and approved by the Department of General Services. (3) The net proceeds from the transfer shall be deposited pursuant to Section 5003.15, with Attorney General review and approval. (c) The Legislature finds and declares that the transfer to the City of Santa Cruz of the real property described in subdivision (a) and subject to the conditions specified in subdivision (b) is excepted from the provisions of Section 5096.516 in accordance with paragraph (3) of subdivision (c) of Section 5096.516. (Added by Stats. 2007, Ch. 178, Sec. 11. Effective August 24, 2007.)
  169. 5003.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Real property controlled by the Department of Parks and Recreation is subject to certain state property disposition rules, and related transactions need the Department’s approval.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.2. Without limiting any statutory powers of the Department of Parks and Recreation, real property which is in the control and possession and under the jurisdiction of the Department of Parks and Recreation shall be subject to the provisions of Division 3 (commencing with Section 11000), Title 2 of the Government Code that relate to the disposition of state-owned real property. Every transaction entered into pursuant to Division 3 (commencing with Section 11000), Title 2 of the Government Code affecting such real property, shall be subject to the approval of the Department of Parks and Recreation. (Added by Stats. 1965, Ch. 964.)
  170. 5003.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The State Park and Recreation Commission must allow waterfowl hunting in Franks Tract State Recreation Area during the hunting season, except near or on Little Franks Tract.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.3. The State Park and Recreation Commission shall allow, in accordance with Section 5003.1, waterfowl hunting annually from the opening day of hunting season for ducks or geese, whichever is earlier, to and including the closing day of this season, whichever is later, as established by the Fish and Game Commission, in all of Franks Tract State Recreation Area, except within 200 feet of or on the 330 acre island known as the Little Franks Tract, which is bounded on the south and west by Piper Slough, on the north by False River, and on the east by the open water portion of Franks Tract State Recreation Area. A map of the portions of Franks Tract State Recreation Area open to hunting shall be available at the delta area office at Brannan Island State Recreation Area for examination. (Added by Stats. 1982, Ch. 753, Sec. 1. Effective September 8, 1982.)
  171. 5003.35.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    Waterfowl hunting is allowed at the Lake Earl and Lake Talawa project under the existing interagency agreement and Fish and Game Commission regulations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.35. Notwithstanding Section 5003.1, waterfowl hunting shall be allowed at the Lake Earl and Lake Talawa project in accordance with the existing interagency agreement with the Department of Fish and Game and with regulations of the Fish and Game Commission governing waterfowl hunting at the project. The agreement shall be extended until such time as the project is classified as a unit of the state park system. (Added by Stats. 1984, Ch. 1256, Sec. 2. Effective September 19, 1984.)
  172. 5003.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    State parks that allow camping must provide RV parking facilities that fit the park, and the Department of Parks and Recreation may add or allow camping cabins and RV parking facilities in park units if they fit the unit’s classification and general plan.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.4. (a) There shall be provided in each state park in which camping is permitted those parking facilities for recreational vehicles, as defined by Section 18010 of the Health and Safety Code, that can be accommodated within the park consistent with the objective of providing camping facilities for the public in these parks. In addition, the Department of Parks and Recreation may acquire, install or permit the installation of, and operate or permit the operation of, camping cabins, as defined by Section 18862.5 of the Health and Safety Code, and parking facilities for recreational vehicles within the units of the state park system, if the installation and operation is consistent with the classification of the park system unit and with the general plan of the unit, if one exists. (b) The department may enter into agreements with qualified nonprofit organizations, as defined in subdivision (g) of Section 5080.42, for acquisition, installation, and operation of camping cabins or parking facilities for recreational vehicles as described in subdivision (a), within units of the state park system. The agreements shall be subject to the requirements of Section 5080.42. (Amended by Stats. 2015, Ch. 559, Sec. 2. (AB 549) Effective January 1, 2016.)
  173. 5003.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may provide park access routes and, in some cases, must grant right-of-way permits across a state park.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.5. The department is authorized to provide means of ingress to and egress from all state parks in order to provide ready access thereto by the public and to provide means of ingress and egress to highways and roads across state parks from lands separated from such highways and roads by state parks, and for that purpose may enter into contracts or agreements with cities, counties, and other political subdivisions of the State and with other state agencies or with persons, firms or corporations for the acquisition, construction, and maintenance of suitable roads, trails, and pathways. When application is received by the department, other than under Section 5012, from any person, firm or corporation for right-of-way across a state park for ingress and egress to a highway or road from their lands separated from such highway or road by the state park, the department shall determine whether any reasonable access exists outside the boundaries of the park, or could be economically constructed. Where reasonable access does not exist or cannot be economically constructed outside the boundaries of the park, the department shall grant a permit for right-of-way across the park over such route and subject to such conditions and construction and maintenance specifications as the department may determine which will cause minimum alteration to the physical features of the park and minimum interference with the use of the park by the public. The permittee shall at his own expense construct and maintain the means of ingress and egress in accordance with the terms and conditions set forth in the permit, noncompliance with which in any part shall be due cause for revocation of such permit. The department may require a permittee or permittees to allow the use of such means of ingress and egress by any other applicant whose lands are similarly situated. The department shall grant a permit for such use under terms and conditions imposed upon existing users, upon payment of a reasonable compensation for construction and maintenance of the road, by the applicant to the existing permittee, or permittees. (Amended by Stats. 1959, Ch. 2164.)
  174. 5003.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Division of Boating and Waterways is responsible for planning, designing, and constructing boating facilities in the state park system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.6. The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways within the department pursuant to Section 50 of the Harbors and Navigation Code. (Amended by Stats. 2015, Ch. 113, Sec. 3. (AB 1528) Effective January 1, 2016.)
  175. 5003.6.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may negotiate a ferry service contract with a qualified ferry operator for passenger service between Tiburon and Angel Island State Park.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.6.5. (a) Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may negotiate a service contract with an entity qualified to do business in the state as a ferry operator, for the transport of passengers via ferry service between the City of Tiburon and Angel Island State Park. The terms of the service contract shall include, but not be limited to, all of the following: (1) Public ferry service seven days a week, at least 362 days of the year unless otherwise agreed to by the department. (2) Public ferry service of at least three round trips per day unless otherwise agreed to by the department. (3) A contract term of up to 10 years, with the option of term extensions for a total contract term of up to 20 years. (b) The terms of the service contract may provide, but not be limited to, both of the following: (1) The retention by the contractor of a portion of any fees, rent, or other return collected by the contractor as reimbursement for the cost of collection. (2) Payment or credit by the department to the contractor of a flat fee for each public ferry trip or if a certain agreed upon percentage of ridership is not met. (Added by Stats. 2024, Ch. 72, Sec. 37. (SB 156) Effective July 2, 2024.)
  176. 5003.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may place a lien on real property for unpaid utility charges after filing a notice of lien with the county recorder.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.7. (a) For due, owing, and unpaid charges or fees for water, sewage, gas, electricity, garbage, or other utility services furnished by the Department of Parks and Recreation or the Department of General Services to real property, the department shall have a lien on that real property upon filing a notice of lien with the county recorder. (b) The notice of lien shall contain all of the following: (1) A description of the subject real property. (2) The total amount of the lien. (3) The type of service furnished. (4) The period during which service was furnished, the amount owing for the period of service, and the date upon which the amount became due. (5) A verified statement that notice of the delinquent charges or fees was mailed, postage prepaid, to the owner of record, to any other known owner, and to the person in possession of the subject real property at their last known address at least 30 days prior to the filing of the notice of lien with the county recorder. (c) The lien shall not extend to delinquent charges or fees incurred more than four years prior to the filing of the notice of lien. The lien shall, except as provided in subdivision (e), continue in effect for four years after the filing of the notice of lien, unless sooner extinguished by payment, satisfaction, or merger in judgment of foreclosure. (d) Within four years after the notice of lien is filed of record, an action to foreclose the lien may, notwithstanding any other provision of law, be brought in the name of the people in any court having jurisdiction to hear and dispose of actions to foreclose mechanics’ liens for like amounts. If the action is commenced in a court of competent jurisdiction in Sacramento County, the court is the proper court for trial, without regard to the residence of the defendants. (e) Upon recording of lis pendens, the notice of lien shall continue in effect until the recording of the abstract of judgment thereon, unless the lien be otherwise extinguished, but not in any event in excess of 10 years from the date of recording of the notice of lien. The lien of abstract shall take priority from the date of recordation of the notice of lien. (f) The Director of Parks and Recreation or the Director of General Services, as the case may be, or the Attorney General may execute and file those notices, releases, and satisfaction, as may be necessary or convenient in carrying out this section. (Amended by Stats. 1981, Ch. 714, Sec. 361.)
  177. 5003.8.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director, the department, and the State Park and Recreation Commission may not adopt or publish a building standard unless the listed State Building Standards Law sections are expressly excepted in the delegating statute.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5003.8. Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), the director, the department, or the State Park and Recreation Commission shall not adopt nor publish a building standard, as defined in Section 18909 of the Health and Safety Code, unless Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section has no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from those provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by renumbering Section 5003.2 (as added by Stats. 1979, Ch. 1152) by Stats. 1984, Ch. 144, Sec. 166.)
  178. 5004.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must include in its annual reports to the Governor information about the State Park System and other means of conserving, developing, and using the State’s scenic and recreational resources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5004. The department shall gather, digest, and summarize, in its annual reports to the Governor, information concerning the State Park System and the relation to it of other available means for conserving, developing, and utilizing the scenic and recreational resources of the State. (Amended by Stats. 1959, Ch. 2164.)
  179. 5004.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must run the program, award competitive grants, develop eligibility guidelines, and hold public hearings before finalizing them.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5004.5. (a) The California Youth Soccer and Recreation Development Program is hereby created in the department. The department shall administer the program, which is intended to provide assistance to local agencies and community-based organizations with regard to funding, and fostering the development of, new youth soccer, baseball, softball, and basketball recreation opportunities in the state. (b) The California Youth Soccer and Recreation Development Fund is hereby created in the State Treasury, to be used as a repository of funds derived from federal, state, and private sources to be used for the program. (c) The department shall award grants, on a competitive basis, to local agencies and community-based organizations for the purposes of the program, subject to an appropriation therefor. The department shall also develop eligibility guidelines for the award of grants that give preference to those communities that provide matching funds for grants, and that are heavily populated, low-income urban areas with a high youth crime and unemployment rate. The guidelines shall also require that preference be given to those inner city properties that may be leased for periods of at least five years or more for recreational purposes. The department shall conduct public hearings throughout the state prior to final adoption of eligibility guidelines. (d) Any regulation, guideline, or procedural guide adopted or developed pursuant to this section is not subject to the review or approval of the Office of Administrative Law or to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) For purposes of this section, the following terms have the following meanings: (1) “Community-based organization” means an organization that enters into a cooperative agreement with the department pursuant to Section 513, a nonprofit group or organization, or a friends of parks group or organization of a city, county, city and county, and regional park. All community-based organizations shall have a current tax-exempt status as a nonprofit organization under Section 501(c)(3) of the federal Internal Revenue Code. (2) “Local agency” means a city, county, city and county, park and recreation district, open-space district, or school district. (f) This section shall be implemented only upon appropriation of sufficient funds to the department for that purpose. (g) All funds received by the department pursuant to this section shall be encumbered within three years of the date of the appropriation and expended within eight years from the date of the appropriation. (h) Nothing in this section is intended to prohibit community-based organizations from acting in partnership with organizations that do not have tax-exempt status as a nonprofit organization under Section 501(c)(3) of the federal Internal Revenue Code. (Amended by Stats. 2012, Ch. 728, Sec. 139. (SB 71) Effective January 1, 2013.)
  180. 5005.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may accept certain gifts and property for state park purposes, but annual reporting is required for conditional cash gifts or bequests of $100,000 or less.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5005. (a) The department may receive and accept in the name of the people of the state any gift, dedication, devise, grant, or other conveyance of title to or any interest in real property, including water rights, roads, trails, rights-of-way, buildings, facilities, and other improvements, to be added to or used in connection with the state park system. It may receive and accept gifts, donations, contributions, or bequests of money to be used in acquiring title to or any interest in real property, or in improving it as a part of or in connection with the state park system, or to be used for any of the purposes for which the department is created. It may also receive and accept personal property for any purpose connected with the park system. (b) Subdivision (a) is subject to the requirements and exceptions set forth in Section 11005 of the Government Code, except that conditional gifts or bequests of money valued at one hundred thousand dollars ($100,000) or less, shall not require the approval of the Director of Finance. (c) The department shall annually report to the Department of Finance all conditional gifts or bequests of money valued at one hundred thousand dollars ($100,000) or less that it accepts and receives pursuant to subdivision (b). (Amended by Stats. 2015, Ch. 559, Sec. 3. (AB 549) Effective January 1, 2016.)
  181. 5005.01.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Department of Parks and Recreation must accept the specified donation of Indian artifacts and then house and display them at Los Encinos State Historic Park, after consulting appropriate Native American groups.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5005.01. (a) The Department of Parks and Recreation shall, after consultation with appropriate Native American groups, receive and accept a donation of Indian artifacts found in the vicinity of the Los Encinos State Historic Park. The donation shall consist of a representative sample of artifacts determined by the department to be of historic or cultural interest to the residents of the San Fernando Valley. (b) The department shall, after consultation with appropriate Native American groups, house and display the donated artifacts at the Los Encinos State Historic Park. (c) Artifacts not received and accepted pursuant to subdivision (a) may be donated to colleges, universities, museums, appropriate Native American groups, or nonprofit organizations in California. (Added by Stats. 1986, Ch. 168, Sec. 1. Effective June 18, 1986.)
  182. 5005.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Department of Parks and Recreation may, with approval from the Department of General Services, transfer, sell, or otherwise dispose of personal property under its jurisdiction, and may contract with other public agencies for custody of that property.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5005.1. The Department of Parks and Recreation may with approval of the Department of General Services transfer, sell or otherwise dispose of personal property under its jurisdiction and may contract with other public agencies for its custody. (Amended by Stats. 1969, Ch. 54.)
  183. 5005.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must choose a site at the head of Bodega Bay for the Bodega Bay Fisherman’s Memorial, with the site agreed to by the department and the Pacific Coast Federation of Fishermen’s Association’s board.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5005.3. The department shall identify a site on its lands at the head of Bodega Bay, which shall be mutually agreed upon by the department and the Board of Directors of the Pacific Coast Federation of Fishermen’s Association, for the Bodega Bay Fisherman’s Memorial. The memorial shall be constructed and maintained solely through private contributions of funds, materials, and labor. The department shall be responsible for the interpretation, in consultation with the Pacific Coast Federation of Fishermen’s Association, of the memorial after its completion. (Added by Stats. 1989, Ch. 669, Sec. 1.)
  184. 5005.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department controls salvage and recovery operations on state park lands, may issue permits for them, and the director may set related rules. Permit terms must be approved by the Director of Finance.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5005.6. The department has exclusive jurisdiction with respect to property salvage and recovery operations in and upon the lands of the state park system. The department may grant the privilege of conducting salvage and recovery operations in and upon those lands by the issuance of permits. The director may adopt rules and regulations in connection with applications for the permits and the operations to be conducted thereunder, as he or she deems necessary to protect the state park system and the interests of the public in the recovered property. The regulations may include, but may not be limited to, regulations on the percentage of recovered property to be retained by the state, authorization for retention by the state of any items of historical, cultural, or other value, authorized methods, and recordkeeping requirements for conduct of salvage operations. The terms and conditions of any permit issued pursuant to this section shall be subject to the approval of the Director of Finance. (Amended by Stats. 2002, Ch. 953, Sec. 4. Effective January 1, 2003.)
  185. 5006.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may acquire and appraise property for the state park system, but it must follow notice, budgeting, appraisal review, and a $500,000 purchase limit unless Section 5006.1 is met.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006. (a) The department, with the consent of the Department of Finance, and subject to Section 15853 of the Government Code, may acquire title to or any interest in real property, including personal property incidental to the purchase of real property and options to purchase property, which the department deems necessary or proper for the extension, improvement, or development of the state park system. All real and personal property acquired by the department for the state park system shall be under the jurisdiction of the department immediately upon transfer of title to the state. (b) (1) The department, pursuant to paragraph (1) of subdivision (d) of Section 15853 of the Government Code, may appraise and select real property for the purpose of acquiring an option to purchase the real property for the state park system. The department may use the services of the Real Estate Services Division of the Department of General Services or may contract with independent appraisers appropriately certified by the Office of Real Estate Appraisers, to assist in appraising property. (2) The department, pursuant to paragraph (1) of subdivision (d) of Section 15853 of the Government Code, may appraise and select real property for potential acquisition of, and addition to, the state park system. The department may use the services of the Real Estate Services Division of the Department of General Services or may contract with independent appraisers appropriately certified by the Office of Real Estate Appraisers, to assist in appraising the property. Before appraising the property, the Department of Parks and Recreation shall notify the owners of the real property that the department is considering the real property for acquisition, and may have it appraised. The department shall determine the form and manner of giving the notice. (3) The department, pursuant to paragraph (1) of subdivision (d) of Section 15853 of the Government Code, may select real property it has appraised and submit purchase offers and negotiate a purchase agreement with the owner or owners of the property. The department shall be responsible for implementing and processing the purchase agreement and conveyance of title to the state. The department may use the services of the Real Estate Services Division of the Department of General Services, or may contract with other state agencies with real estate and right-of-way acquisition programs, to assist in negotiating purchase agreements and conveyance of title. (c) Upon acquisition of real property for the state park system, the department shall be responsible for providing relocation assistance to displaced persons as provided under Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The department may use the services of the Real Estate Services Division of the Department of General Services, or may contract with other state agencies or private consultants with real estate and right-of-way acquisition programs, to assist in relocation planning and implementation. (d) (1) Requests for funding to administer the department’s acquisition program shall be submitted by the department for inclusion in the Governor’s Budget for each fiscal year. (2) Requests for funding to acquire options to purchase real and personal property for the state park system shall be submitted by the department for inclusion in the Governor’s Budget for each fiscal year based upon its estimate of the amount needed for that purpose. If an option to purchase real property for the state park system has been acquired, the funding proposed by the department shall be the appraised value of the property less the sum expended for the purchase of the option. The expenditure of the moneys shall be subject to the limitation specified in paragraph (1) of subdivision (d) of Section 15853 of the Government Code unless otherwise provided by the Legislature. (3) Requests for funding to acquire real property or any interest in real property shall be submitted by the department for inclusion in the Governor’s Budget for each fiscal year. The projects shall have been selected and appraised by the department pursuant to subdivision (b) before inclusion. The Governor’s Budget shall contain a separate description of each project, or acquisition program and its appraised value, or funding allocation. (e) The requirements imposed by subdivision (d) are in addition to any other law requiring the inclusion of state park system acquisition projects in the Governor’s Budget. (f) The department shall not enter into a purchase agreement for the acquisition of real property if the consideration to be paid by the department is in excess of five hundred thousand dollars ($500,000), unless Section 5006.1 has been complied with. (g) (1) Notwithstanding any other law, all appraisals conducted by the department pursuant to this section shall be reviewed and approved by the Department of General Services or, at the discretion of the Department of General Services, a competent professional appraiser approved by the Department of General Services. Real property shall be appraised and appraisal review completed before commencement of purchasing negotiations. All contracts related to the acquisition of real property are subject to Section 11005 of the Government Code. (2) Notwithstanding paragraph (1), the Department of General Services may waive its review and approval of any appraisal conducted by the department. (Amended by Stats. 2025, Ch. 775, Sec. 6. (SB 630) Effective January 1, 2026.)
  186. 5006.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    If a proposed development may substantially affect Colonel Allensworth State Historic Park, the department must notify the State Parks and Recreation Commission, which must hold a public hearing and then provide written conclusions; the department must also study whether to recommend National Historic Landmark designation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.10. (a) The department shall notify the State Parks and Recreation Commission of any proposed development that may substantially impact the historical, cultural, or recreational significance of the Colonel Allensworth State Historic Park. Upon receipt of this notification, the commission shall hold a duly noticed public hearing to receive public input regarding the potential impacts of the proposed development of the park. Following the public hearing, the commission shall submit, in writing, to the department a summary of its conclusions on potential park impacts that may be caused by the proposed development for transmission by the department to the appropriate local government entities. (b) The department, in consultation with the State Office of Historic Preservation, shall study the feasibility of recommending that Colonel Allensworth State Historic Park be considered for designation as a National Historic Landmark. (Added by Stats. 2011, Ch. 582, Sec. 2. (AB 1077) Effective January 1, 2012.)
  187. 5006.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may acquire real property by donation or purchase, including property subject to conservation easements or similar limits, if the director determines those limits fit the acquisition purpose.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.15. The department may acquire real property by donation or purchase that is subject to a conservation easement, deed restriction, or other limitation, if the director determines that the conservation easement, deed restriction, or other limitation is consistent with and promotes the purposes for which the property is to be acquired. (Added by Stats. 2007, Ch. 647, Sec. 1. Effective January 1, 2008.)
  188. 5006.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Director of Parks and Recreation may acquire the described properties and, with Finance’s consent, lease or permit limited oil, gas, and access uses, but cannot grant broader interests without Legislature permission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.2. The Director of Parks and Recreation with the consent of the Director of Finance may acquire by gift, purchase or condemnation any interest, including options, in those properties known as Aptos Forest, Santa Cruz County, more particularly described in that deed from Agnes K. Marks, et al., to the Nature Conservancy, a nonprofit corporation of District of Columbia, recorded August 3, 1962 in Book 1487, page 11, Official Records of Santa Cruz County, upon such terms and conditions he may see fit for proper development, use and control of the area as a state park. When such properties are so acquired, they shall be included in the state park system under the exclusive control of the officers administering the state park system, provided that the Director of Parks and Recreation shall have no authority, under other provisions of law except by permission of the Legislature, to grant, give, or suffer easements, permits, leases, rights, or rights-of-way therein other than those necessary for the orderly development, use, and control of the park. Where under other provisions of law park property may be taken by eminent domain, it shall not be deemed to include any part or interest in the above-described property except by specific permission of the Legislature. Because of the uniqueness of the proposed park and the very generous gifts of the grantor in establishing this large state park to be preserved for posterity and notwithstanding restrictions hereinabove enumerated the Director of Parks and Recreation, with the consent of the Director of Finance, may within the Hinkley Basin Unit, some 2,500 acres, more or less, more particularly described as those lands deeded by the Santa Cruz County Title Company, a corporation, and Alzoe K. Marks, wife of Andrew P. Marks, to Agnes K. Marks, Herman H. Marks, and Andrew P. Marks, recorded June 13, 1951, Volume 827, page 66, in the Offical Records of the County of Santa Cruz, lease to the grantor his heirs and assigns the right to explore for, extract, and remove oil and gas and hydrocarbons including the right to disturb the surface under such terms and conditions as he may prescribe. He may with the consent of the Director of Finance issue permits for access to any drill site as may be selected including easements for power, telephone, water, and pipe lines which are to be used exclusively by lessee in his exploration and extraction for oil, gas, and hydrocarbons and by the State as suits their needs for park purposes. (Added by Stats. 1963, Ch. 1418.)
  189. 5006.25.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Director of Parks and Recreation may convey and grant specified state property to Santa Cruz County for a dam and reservoir site, if the Director sets the terms as being in the state’s best interest and no transfer restriction would trigger reversion to former owners or heirs.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.25. The Director of Parks and Recreation is authorized to convey and grant to the County of Santa Cruz, for a site for a dam and reservoir in Aptos Creek, that portion hereinafter described of those properties known as Aptos Forest, Santa Cruz County, more particularly described in that deed from Agnes K. Marks, et al., to the State of California recorded November 14, 1963 in Book 1579, page 60, Official Records of Santa Cruz County and those properties known as Timothy-Hopkins, Santa Cruz County, more particularly described in that deed from Agnes K. Marks, et al., to the State of California recorded November 14, 1963 in Book 1579, page 35, Official Records of Santa Cruz County, upon such terms and conditions he may determine are in the best interest of the state; provided, however, that there be no restriction at the time of such conveyance and grant that the properties described herein known as Aptos Forest and Timothy-Hopkins, or any part thereof, which will cause a reversion of such properties to the former owners or heirs. The property authorized to be conveyed or granted is described as follows: Beginning at the intersection of the Mt. Diablo Meridian and the Southerly line of Township 10 South as shown on the United States Geological Survey Map (USGS) entitled “Laurel, California, 1955”; thence from the said point of beginning South 46° 00´ East 1050 feet; thence North 2° 30´ East 4100 feet; thence North 35° 30´ West 780 feet; thence North 89° 15´ East 630 feet; thence North 24° 00´ East 3530 feet; thence North 5° 00´ West 800 feet; thence North 85° 00´ East 130 feet; thence South 24° 45´ East 970 feet; thence North 79° 00´ East 1540 feet; thence South 11° 00´ East 400 feet; thence South 73° 00´ West 1320 feet; thence South 23° 30´ West 2750 feet; thence South 86° 00´ East 500 feet; thence South 31° 45´ West 1175 feet; thence South 57° 00´ East 420 feet; thence South 33° 15´ West 920 feet; thence South 38° 15´ East 770 feet; thence South 36° 15´ West 900 feet; thence South 14° 45´ East 1340 feet; thence South 85° 15´ East 490 feet; thence South 35° 00´ West 1610 feet to a point on the Southerly Grant Boundary as shown on said map; thence along said Grant Boundary North 72° 00´ West 1600 feet thence leaving said Grant Boundary North 31° 00´ West 1620 feet; thence North 64° 00´ East 380 feet; thence South 46° 00´ East 270 feet to the point of beginning containing approximately 306 acres of land. (Added by Stats. 1975, Ch. 1703.)
  190. 5006.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department must acquire sites for wayside campgrounds next to the Westside Freeway (State Highway Route 5).

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.3. The department shall acquire sites for wayside campgrounds adjacent to the Westside Freeway, State Highway Route 5. The following general vicinities shall be given first consideration: (a) Kern River. (b) South of Kettleman City. (c) Mercy Springs Road. (d) Orestimba Creek. (e) San Joaquin River near Mossdale. (Amended by Stats. 1968, Ch. 721.)
  191. 5006.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may acquire certain property near Hollister for the state park system and must run the off-highway vehicle trail and area program and deposit related receipts into the State Treasury for the Off-Highway Vehicle Fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.4. (a) The department may acquire, on behalf of the state, a fee or lesser interest in real and personal property located near Hollister in San Benito County for the state park system. If the property is leased, the lease shall be for such term and for such consideration as is mutually agreed upon by and between the director and the lessor, and with the rental to be paid by the department. Any interest acquired pursuant to this section shall be subject to the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). With respect to lands subject to the grantor’s reservation of oil and gas and mineral rights, the proviso contained in Section 5019 shall not apply. (b) The department shall carry out a program in that unit of development, maintenance, administration, and conservation of trails and areas for the recreational use of off-highway vehicles and for other related state park system purposes. Areas for the recreational use of off-highway vehicles shall be administered pursuant to Chapter 1.25 (commencing with Section 5090.01). Any fees, rentals, or other returns collected by the department in its administration of the unit shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund. (Amended by Stats. 1982, Ch. 994, Sec. 2.)
  192. 5006.41.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may make agreements with two named agencies for planning, development, and administration near Oroville, must run a program for off-highway vehicle trails and areas, and must send collected fees and similar returns to the State Treasury for the Off-Highway Vehicle Fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.41. The department may enter into agreements with the Department of Water Resources and the Department of Fish and Game to plan, develop, and administer real and personal property located in the vicinity of Oroville. The department shall carry out a program in that unit of development, maintenance, administration, and conservation of trails and areas for the recreational use of off-highway vehicles. Areas for the recreational use of off-highway vehicles shall be administered pursuant to Chapter 1.25 (commencing with Section 5090.01). Any fees, rentals, or other returns collected by the department in its administration of the unit shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund. (Amended by Stats. 1982, Ch. 994, Sec. 3.)
  193. 5006.42.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The director must create and later terminate the Cornfield State Park Advisory Committee, and the department and committee must carry out planning and consultation steps for the Cornfield site.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.42. (a) On or before February 1, 2002, the director shall establish the Cornfield State Park Advisory Committee, which shall be responsible for assisting the department, in an advisory capacity, to plan for interim and permanent land uses and facilities through the general planning process for the Cornfield site. The director shall terminate the advisory committee after the adoption of a general plan for the state park. (b) The director shall convene and appoint the advisory committee. The members of the committee shall be selected by the director, who shall include, in the advisory committee, representatives from entities, including, but not limited to, local, state, and federal agencies, environmental, historic preservation, and cultural organizations, museums, educational institutions and organizations, individuals and private sector entities, and community-based organizations, including Asian-Pacific Americans, Chinese Americans, Latino community organizations, and other interested ethnic groups. (c) The department shall take all of the following actions with respect to the development of a state park at the Cornfield site: (1) Coordinate the implementation of the Cornfield rail yards project, considering recommendations for uses and development from the advisory committee. (2) Survey statewide and community preferences in a range of park services appropriate for urban state park settings, as assisted by the advisory committee. (3) Seek input and cooperate with local, state, and federal agencies, environmental, recreational, historic preservation and cultural organizations, museums, educational institutions and organizations, individuals and private sector entities, and community-based organizations, as appropriate, that are interested in the use or development of park and recreational facilities and programs for public benefit at the state park proposed to be located at the “Cornfield” rail yards, including the special needs of children, youths, senior citizens, and persons with disabilities. (d) The advisory committee shall identify and recommend to the director, not later than 12 months after the date of acquisition of a fee title to the Cornfield site, priorities for long-range plans for the site that meet the needs of Californians and the general public, including park and recreational facilities and programs serving residents within communities surrounding the Cornfield rail yards in central Los Angeles. (Added by Stats. 2001, Ch. 379, Sec. 3. Effective January 1, 2002.)
  194. 5006.45.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Director of General Services may acquire designated property near Ocotillo Wells, and related park officials must follow approval, hearing, transfer, administration, fund-payment, and annual reporting steps.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.45. (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser interest in such real and personal property located in the vicinity of Ocotillo Wells in San Diego County as is designated in writing to the Director of General Services by the Director of Parks and Recreation. If the property is leased, the lease shall be for such term and for such consideration as is mutually agreed upon by and between the Director of General Services and the lessor, and with the rental to be paid by the Department of Parks and Recreation. (b) Prior to making any acquisition: (1) The Director of Parks and Recreation shall recommend to the State Park and Recreation Commission his designation of lands presently owned by the department to be included in the vehicular recreation area provided in subdivision (d), and no acquisition may be made unless and until the commission has concurred in that designation. (2) The director shall conduct at least one public hearing in San Diego County regarding the designation of lands presently owned by the department to be included in the vehicular recreation area. The director shall consider and be guided by testimony presented at the hearing. (c) Any interest acquired pursuant to this section shall be subject to the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). The proviso in Section 5019 shall not apply to any property acquired pursuant to this section that is subject to a reservation of oil and mineral rights if the Director of Parks and Recreation finds that the proposed prospecting or extraction of oil and minerals will not unreasonably interfere with the use of the property or adjoining property for recreation and if the grantor or lessor of the surface of the property, if other than the state or the holder of such a reservation, consents to the proposed prospecting or extraction. (d) Upon acquisition of the interest, the Director of General Services shall forthwith transfer the interest to the jurisdiction of the department, which shall administer the property as a unit of the state park system. The department shall carry out a program in that unit of development, maintenance, administration, and conservation of trails and areas for the recreational use of off-highway vehicles and for other related state park system purposes. Areas for the recreational use of off-highway vehicles shall be administered pursuant to Chapter 1.25 (commencing with Section 5090.01). (e) Any fees, rentals, or other returns collected by the department in its administration of the unit shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund. (f) The Director of Parks and Recreation shall review, and report annually to the State Park and Recreation Commission regarding, the development, maintenance, administration, and public usage of the vehicular recreation area and its success, effects on the environment, and appropriateness as a unit of the state park system. (Amended by Stats. 1982, Ch. 994, Sec. 4.)
  195. 5006.47.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Director of General Services may acquire specified Hungry Valley property, and once acquired, jurisdiction must be transferred to Parks and Recreation for park use and off-highway vehicle administration.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.47. (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser right or interest in such real and personal property in the Counties of Los Angeles and Ventura located in the vicinity of Gorman and commonly known as Hungry Valley as is designated in writing by the Director of Parks and Recreation to the Director of General Services. If the property is leased, the lease shall be for such term and for such consideration as is mutually agreed upon by and between the Director of General Services and the lessor, and consented to by the Director of Parks and Recreation, and with rent to be paid by the Department of Parks and Recreation. (b) Any interest in property acquired pursuant to this section shall be subject to the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). The proviso in Section 5019 shall not apply to any property acquired pursuant to this section that is subject to a reservation of oil and mineral rights if the Director of Parks and Recreation finds that the proposed prospecting or extraction of oil and minerals will not unreasonably interfere with the use of the property or adjoining property for recreation and if the grantor or lessor of the surface of the property, if other than the state or the holder of such a reservation, consents to the proposed prospecting or extraction. (c) Upon acquisition of the property, the Director of General Services shall transfer jurisdiction over the property to the Department of Parks and Recreation, which shall administer the property as a unit of the state park system. The 51st District Agricultural Association may propose a name for the unit. The department shall carry out a program in that unit of planning, development, construction, maintenance, administration, and conservation of trails and areas for the recreational use of off-highway vehicles and for other related purposes of the state park system. Areas for the recreational use of off-highway vehicles shall be administered pursuant to Chapter 1.25 (commencing with Section 5090.01). The 51st District Agricultural Association may use the land and facilities within the unit for a fair oriented to off-highway vehicles for not more than 10 days each year if the Director of Parks and Recreation approves that use. The director may impose such terms and conditions upon such use as the director deems necessary and proper. The dates of that use shall be selected each year prior to January 1 and shall be subject to the approval of the Director of Parks and Recreation. (d) If the Director of General Services determines that it is necessary, in order to purchase the property, to offer to the person from whom it is being purchased an option to lease back all or part of the property, the director may make such an offer if the Director of Parks and Recreation determines at the time of the purchase that the property is not then needed for the purposes of the state park system and will not be needed for the term of the lease thus offered. At any time after the option expires, the Director of General Services may offer, under competitive bidding procedures, all or part of the property for lease if the Director of Parks and Recreation determines at that time it is not then needed for the purposes of the state park system and will not be needed for the term of the lease to be offered. Any lease entered into pursuant to this section shall be subject to Section 15862 of the Government Code. Notwithstanding the provisions of Section 15863 of the Government Code, all rent accruing from any such lease after jurisdiction over the property is transferred to the Department of Parks and Recreation pursuant to subdivision (c) shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund and shall be available for expenditure only for the purposes specified in subdivision (b) of Section 5090.61. (e) Any fees or other returns collected by the department in its administration of the unit shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund and shall be available for expenditure only for the purposes specified in subdivision (b) of Section 5090.61. (Amended by Stats. 1982, Ch. 994, Sec. 5.)
  196. 5006.48.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Director of General Services may acquire the property, and once it is acquired must transfer jurisdiction to the Department of Parks and Recreation, which must manage it as part of the state park system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.48. (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser right or interest in real and personal property in the Counties of Alameda and San Joaquin located approximately 10 miles east of the City of Livermore and commonly known as the Carnegie Cycle Park. If the property is leased, the lease shall be for the term and for the consideration that is mutually agreed upon by and between the Director of General Services and the lessor, and consented to by the Director of Parks and Recreation, and with rent to be paid by the Department of Parks and Recreation. (b) Any interest in property acquired pursuant to this section shall be subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (c) Upon acquisition of the property, the Director of General Services shall transfer jurisdiction over the property to the Department of Parks and Recreation, which shall administer the property as a unit of the state park system. The Department of Parks and Recreation shall carry out a program in that unit of planning, development, construction, maintenance, administration, and conservation of trails and areas for the recreational use of off-highway vehicles and for other related purposes of the state park system. Areas for the recreational use of off-highway vehicles shall be administered pursuant to Chapter 1.25 (commencing with Section 5090.01). (d) The Director of General Services may offer, under competitive bidding procedures, all or part of the property for lease if the Director of Parks and Recreation determines at that time it is not then needed for the purposes of the state park system and will not be needed for the term of the lease to be offered. Any lease entered into pursuant to this section shall be subject to Section 15862 of the Government Code. Notwithstanding Section 15863 of the Government Code, all rent accruing from that lease after jurisdiction over the property is transferred to the Department of Parks and Recreation pursuant to subdivision (c) shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund and shall be available for expenditure only for the purposes specified in subdivision (b) of Section 5090.61. (e) Any fees or other returns collected by the Department of Parks and Recreation in its administration of the unit referred to in subdivision (c) shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Fund and shall be available for expenditure only for the purposes specified in subdivision (b) of Section 5090.61. (Amended by Stats. 2006, Ch. 538, Sec. 565. Effective January 1, 2007.)
  197. 5006.49.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The museum must be transferred from the Department of Conservation to the Department of Parks and Recreation, which must own and operate it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.49. Notwithstanding any other provision of law, the California State Mining and Mineral Museum located in the City of Mariposa, including all assets, exhibits, and materials, shall be transferred from the Department of Conservation to the Department of Parks and Recreation for ownership and operation in accordance with the Department of Parks and Recreation’s rules, regulations, and guidelines regarding ownership of state parks. All proceeds from the operation of the museum shall accrue to the Department of Parks and Recreation. (Added by Stats. 1999, Ch. 66, Sec. 7. Effective July 6, 1999.)
  198. 5006.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may lease property for state park system purposes, but some leases need the Department of General Services’ consent and the department must consult the county planning commission before the lease is executed.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.5. The department may lease any interest in real or personal property that the department deems necessary or proper for the extension, improvement, or development of the state park system. A lease described in this section shall require the consent of the Department of General Services, unless consent is waived by the Department of General Services. Payment from state money in excess of one thousand dollars ($1,000) a year shall not be made pursuant to any such lease unless money equal to or exceeding one-half of the excess over one thousand dollars ($1,000) is made available for expenditure by the state for this purpose by some person, corporation, public district, municipality or political subdivision other than the state, or by the United States or a federal agency. A lease shall not be executed under this section until the department has first consulted with the planning commission of the county in which the department proposes to lease lands for park or recreational purposes. This section shall not apply when the Department of General Services leases land for the use of the Department of Parks and Recreation under Section 14669 of the Government Code. (Amended by Stats. 2025, Ch. 775, Sec. 9. (SB 630) Effective January 1, 2026.)
  199. 5006.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The department may work with the federal government and related state agencies to develop, administer, and contract for certain recreation and fish-and-wildlife facilities, subject to required approvals.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.6. The department, with the approval of the Administrator of the Resources Agency and the Department of Finance, is authorized to cooperate and participate with the federal government pursuant to Public Law 89-161 in the development of recreation facilities, or with the approval of the Department of Fish and Game, fish and wildlife enhancement facilities, or both, at Auburn Dam and Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and County Line Dam and Reservoir, and stream areas in the immediate vicinity of these facilities. The department, with the approval of the Administrator of the Resources Agency and the Department of Finance, is authorized to administer unit land and water areas for recreation or fish and wildlife enhancement, or both, and to contract with the federal government for the operation, maintenance, and replacement of unit facilities, to assume all costs of such operation, maintenance, and replacement, and to accept transfer of unit lands or facilities by lease or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation or fish and wildlife enhancement purposes, or both. Any such contract entered into by the department which affects the operation, maintenance or replacement of fish and wildlife enhancement features is subject to approval by the Department of Fish and Game. The State of California, acting by and through the department, with the approval of the Administrator of the Resources Agency and the Department of Finance, is authorized to enter into a contract or contracts with the federal government to pay or repay one-half of the separable capital costs involved in the development of the recreation or fish and wildlife enhancement features, or both, at the Auburn Dam and Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and County Line Dam and Reservoir, and stream areas in the immediate vicinity of these facilities, pursuant to the provisions of Public Law 89-161. The agreement for the payment or repayment of the separable capital costs shall be limited to those recreation or fish and wildlife enhancement facilities, or both, specified in the contract. Such payments or repayments may be made by any or all of the following methods: by legislative appropriation; by provision of lands, interests therein, or facilities for the unit; or by a contract or contracts for repayment, with interest, within 50 years of first use of unit recreation or fish and wildlife enhancement facilities specified in the contract or contracts. The source of repayment may be limited to entrance and user fees or charges collected at the unit by the department if such fees or charges dedicated to repayment are established on a basis calculated to achieve repayment and are made subject to review and renegotiation at intervals of not more than five years. If the source of repayment is so limited, revenues derived from such fees or charges shall be deposited in a special account in the Special Deposit Fund in the State Treasury and used for the purpose of such repayment. If not so limited, the source of repayment shall be such appropriations of funds as may from time to time be made for such purpose by the Legislature. The department shall cooperate with any local public body authorized to contract with the federal government pursuant to Public Law 89-161, including, but not limited to, the Counties of El Dorado, Placer, and Sacramento, in planning of any proposed participation with the federal government. The state may contract with any or all of such counties or other local public bodies for the operation, maintenance, and replacement of unit facilities, or any portion thereof, if requested by any or all such counties or other local public bodies. (Added by Stats. 1966, 1st Ex. Sess., Ch. 66.)
  200. 5006.7.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. )

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    The Administrator of the Resources Agency may, in writing, state that California intends to agree to administer certain project land and water areas at the Marysville Dam and Reservoir Project on the Yuba River for recreation or fish and wildlife enhancement.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1. State Parks and Monuments [5001 - 5077.8] ( Chapter 1 added by Stats. 1939, Ch. 94. ) ## ARTICLE 1. State Park System [5001 - 5019.5] ( Article 1 added by Stats. 1939, Ch. 94. ) ## 5006.7. Pursuant to the provisions of Chapter 1.5 (commencing with Section 5094) of this division, the Administrator of the Resources Agency may indicate in writing the state’s intent to agree to administer the project land and water areas at the Marysville Dam and Reservoir Project on the Yuba River for recreation or fish and wildlife enhancement, or both of these purposes, as provided in Public Law 89-72. (Added by Stats. 1966, 1st Ex. Sess., Ch. 66.)

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