Public Resources Code — Part 28 | PRC — United States — California law | Esheria

Public Resources Code

Part 28 of 41 · provisions 5,401–5,600

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 5007.

    ## 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. )

    Verify source ↗

    This section sets procedures for proposed state park closures, requires public disclosure and hearing steps, and gives limited immunity for injuries in closed park units except for gross negligence or reckless conduct.

    ## 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. ) ## 5007. (a) It is the intent of the Legislature that the department consistently operate the state park system to preserve public access and provide protection of natural, cultural, and historic resources. If budget reductions necessitate changes to the continued operation of state park units, it is the intent of the Legislature that the department achieve required budget reductions by implementing efficiencies and increasing revenue collection, or reducing services at selected units of the state park system, and that full park closures only be considered as a last option to address required budget reductions after all other feasible alternatives, including, but not limited to, entering into operating agreements with qualified nonprofit entities and local governments have been explored. (b) For any park unit proposed for closure on or after July 1, 2014, the department shall document and publicly disclose the methodology, rationale, and scoring system used to evaluate and select park units proposed for closure, and shall select any units proposed to be closed based on consideration of all of the following factors: (1) The relative statewide significance of each park unit, preserving to the extent possible, parks identified in the department’s documents including “Outstanding and Representative Parks,” the “California State History Plan,” and the “California State Parks Survey of 1928.” (2) The rate of visitation to each unit, to minimize impacts to visitation in the state park system. Visitation shall be measured not only based on the raw number of visitations to the unit, but also to the extent that the total capacity of the unit is used. (3) (A) The estimated net savings from closing each unit, to maximize savings to the state park system. (B) For purposes of this subdivision, “net savings” means the estimated costs of operation for the unit less the unit’s projected revenues and less the costs of maintaining the unit after it is closed. (4) The feasibility of physically closing each unit. (5) The existence of, or potential for, partnerships that can help support each unit, including public and nonprofit partners and concessions. (6) Significant operational efficiencies to be gained by closing a unit. (7) Significant and costly infrastructure deficiencies affecting key systems at each unit so that continued operation of the unit is less cost effective relative to other units. (8) Recent or funded infrastructure investments at a unit. (9) Necessary but unfunded capital investments at a unit. (10) Deed restrictions and grant requirements applicable to each unit. (11) The extent to which there are substantial dedicated funds for the support of the unit that are not appropriated from the General Fund. (12) The extent to which the closure of a park unit would disproportionately impact one community or region of the state over another, based on existing information readily available to the department. Nothing in this paragraph is intended to require the department to prepare, or contract for the preparation of, new studies or research to obtain information or analysis not already readily available to the department with existing resources. (13) The extent to which the closure of a park unit would limit availability of facilities within state parks that are compliant with the Americans with Disabilities Act of 1990 and subsequent amendments to the act. (14) The extent to which closure of a park unit would impair firefighter access to water resources or otherwise increase fire risk. (15) The extent to which closure of a park unit would increase public safety hazards or impair the state’s ability to protect iconic natural and historical resources. (c) The commission shall hold a public hearing on any park unit closures that are proposed by the department on or after July 1, 2014, and information gathered at the hearing shall be considered by the department before any final decision regarding the proposed closure of a park unit. (d) Notwithstanding Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, a public entity or a public employee is not liable for injury or damage caused by a condition of public property located in, or injury or damage otherwise occurring in, or arising out of an activity in, a state park system unit that is designated as closed by the department pursuant to subdivision (a), except for conduct that constitutes gross negligence or is wanton or reckless. This immunity shall apply notwithstanding the fact that the public has access, whether invited or uninvited, to the state park system unit, and notwithstanding that the department may take actions such as patrols, inspections, maintenance, and repairs necessary to protect the state park system unit facilities and resources from deterioration, damage, or destruction. This immunity shall apply only to units of the state park system that are designated as closed pursuant to subdivision (a) and shall not apply to units that are partially closed or subject to service reductions but not closure. The closed units shall be maintained in a list by the department and the list shall be made publicly available and posted on the department’s Internet Web site. The list shall include the date the unit is considered closed. The immunity provided by this subdivision does not limit any other immunity or immunities available to a public entity or a public employee. The governmental immunity provided in this section does not apply to a third party or entity that has reopened a park listed as closed pursuant to subdivision (a). The immunity shall continue to apply to the state. (Amended by Stats. 2013, Ch. 407, Sec. 2. (AB 594) Effective September 28, 2013.)
  2. 5007.1.

    ## 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. )

    Verify source ↗

    Certain Pan Pacific project lands are exempt from specified park provisions during qualifying agreements, and any facility on those lands must follow a director-approved development 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. ) ## 5007.1. (a) Lands purchased or otherwise acquired by the department at the Pan Pacific project, which are to be operated and maintained by other public agencies under agreements entered into pursuant to Section 5080.30, shall not be subject to Section 5002.1, 5002.2, 5002.3, or 5002.4, or Article 1.7 (commencing with Section 5019.50), during the term of those agreements. Any facility to be developed on those lands shall only be constructed in accordance with a development plan approved by the director. (b) The Legislature hereby finds and declares that public use facilities are being contemplated as one of the alternatives for the Pan Pacific project in the aftermath of the recent fire, and that the standard 20-year term authorized by law is insufficient to enable any concessionaire to amortize the type and scale of improvements that may be constructed. Accordingly, pursuant to subdivision (a) of Section 5080.18, the term of any concession contract may be for a period not to exceed 66 years if the contract provides that the rent shall be reviewed and adjusted at least every 10 years, but not more often than every five years, to reflect market rates and conditions prevailing in the area in which the concession is located. (Amended by Stats. 1989, Ch. 620, Sec. 2.5.)
  3. 5007.2.

    ## 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. )

    Verify source ↗

    A services contract under $50,000 to restore artifacts at Hearst San Simeon State Historical Monument is exempt from Part 2 of the Public Contract Code.

    ## 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. ) ## 5007.2. Notwithstanding any other provision of law, a contract for services under the amount of fifty thousand dollars ($50,000) to restore artifacts at the Hearst San Simeon State Historical Monument is exempt from Part 2 (commencing with Section 10100) of the Public Contract Code. (Added by Stats. 2000, Ch. 173, Sec. 2. Effective January 1, 2001.)
  4. 5007.3.

    ## 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. )

    Verify source ↗

    The department, the State Park and Recreation Commission, and the City of Riverside must follow specific rules for managing Citrus Heritage Park and transferring a parcel tied to the park boundary.

    ## 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. ) ## 5007.3. (a) In planning, developing, managing, and operating lands acquired for the Citrus Heritage Park at Mockingbird Canyon, the department and the State Park and Recreation Commission shall adhere to the following requirements: (1) Vehicular and other public access shall be restricted to Dufferin Avenue between Van Buren Boulevard and Jackson Street. (2) Interior roads, pathways, and attractions within the park shall be located so as to minimize opportunities for trespass onto adjoining nonpark properties, and fencing shall be installed in areas subject to high visitor usage. (3) Lands within the park that are upstream of Mockingbird Reservoir shall be managed as wildlife habitat and open space, and no facilities for the use of the general public shall be constructed on those lands. (4) A program of pest management shall be immediately undertaken in citrus groves, as they are acquired by the state, to prevent the spread of pests to nonstate property, and the citrus groves shall be managed so as to preserve them in a healthy and productive state. (b) For the purposes of rationalizing the boundaries of the Citrus Heritage Park, the City of Riverside shall offer for sale, at fair market value, all of Parcel No. 238-050-003-5 to an adjoining property owner. If no adjoining property owner purchases that parcel, the city shall transfer title to that parcel to the state, as provided in proviso (6) of Item 3790-301-721 of the Budget Act of 1982 (Chapter 326, Statutes 1982). (Added by Stats. 1982, Ch. 879, Sec. 1. Effective September 10, 1982.)
  5. 5007.4.

    ## 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. )

    Verify source ↗

    The department may enter into an operating agreement with a qualified nonprofit organization for California Citrus State Historic Park if it fits the general plan and costs the state nothing.

    ## 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. ) ## 5007.4. Consistent with the general plan for the unit, the department may enter into an operating agreement, at no cost to the state, with a qualified nonprofit organization for the California Citrus State Historic Park for purposes to include, but not be limited to, the following: (a) Managing and maintaining agricultural production. (b) Leasing individual groves for the purpose of managing and maintaining agricultural production. (c) Selling citrus fruit and fruit products at the park. (d) Using the proceeds of those sales for financing facilities and programs at the park. (e) Accepting and spending donations of money for facilities and programs. (Added by Stats. 1989, Ch. 620, Sec. 3.)
  6. 5007.5.

    ## 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. )

    Verify source ↗

    The department may remove and dispose of debris on state park beaches, waterways, or lands when it creates a public safety or use hazard.

    ## 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. ) ## 5007.5. Notwithstanding any other provision of law, the department shall have the right to remove and dispose of all floating logs, timber, lumber, and other debris deposited on public beaches, waterways or lands within the state park system, when such deposits create a hazard or impediment to the public safety, enjoyment, and use of the public beach, waterway or land. Logs, timber or lumber which are capable of being identified as the property of another shall be held by the department for a period of three months from the time of their removal from any public beach, waterway or land. The owner of such property may remove it on payment or tendering to the department the amount of the damages which the department has sustained by reason of the drifting of the property upon the public beaches, waterways or lands within the state park system and which may accrue in removal of the property. If the property remains unclaimed after the three months period the department may dispose of such logs, timber or lumber by destruction, sale or use. (Added by renumbering Section 5007.1 by Stats. 1979, Ch. 1065.)
  7. 5008.

    ## 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. )

    Verify source ↗

    The department must protect state park and trail property and preserve the peace. The director may designate department officers or employees as peace officers, whose main duties include enforcing specified laws and arresting offenders. Violations of department rules can be punished as a misdemeanor or infraction.

    ## 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. ) ## 5008. (a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein. (b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code. (c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980. (d) Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000). (Amended by Stats. 2015, Ch. 499, Sec. 6. (SB 795) Effective January 1, 2016.)
  8. 5008.1.

    ## 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. )

    Verify source ↗

    Visitors may bring animals into state park system units if the director finds it is in the public interest and department rules are followed; the animals must be controlled or confined, and the department may ask for proof of immunizations and licenses.

    ## 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. ) ## 5008.1. (a) When it is determined by the director to be in the public interest, and subject to the fees, rules, and regulations of the department, visitors to units of the state park system may bring animals into those units. (b) Any animal brought into a state park system unit pursuant to subdivision (a) shall be under the immediate control of the visitor or shall be confined, and under no circumstance shall the animal be permitted to do any of the following: (1) Pose a threat to public safety and welfare. (2) Create a public nuisance. (3) Pose a threat to the natural or cultural resources of the unit or to the improvements at the unit. (c) The department may require a person bringing an animal into a state park system unit pursuant to subdivision (a) to provide proof of appropriate immunizations and valid licenses. (d) This section does not apply to dogs used to lawfully pursue game in season at units of the state park system where hunting is allowed. (e) No later than July 1, 2020, the department shall establish and maintain on its Internet Web site a comprehensive, up-to-date list of each state park system unit with information on whether the unit or a portion of the unit allows dogs and additional information that may include, but is not limited to, the specific areas of the unit in which dogs are allowed and the total miles of trail in the unit that are open to dogs. (Amended by Stats. 2018, Ch. 908, Sec. 1. (AB 1762) Effective January 1, 2019.)
  9. 5008.10.

    ## 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. )

    Verify source ↗

    People may not smoke or leave used cigar or cigarette waste on state beaches or in state park units, except in specified areas and 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. ) ## 5008.10. (a) For purposes of this section, the following definitions apply: (1) “Cigar” has the same meaning as defined in Section 104550 of the Health and Safety Code and, for purposes of this section, may contain any other weed or plant as an alternative or supplement to tobacco or nicotine. (2) “Cigarette” has the same meaning as defined in Section 104556 of the Health and Safety Code and, for purposes of this section, may contain any other weed or plant as an alternative or supplement to tobacco or nicotine. (3) “Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” or “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing a prohibition on smoking. “Smoke” or “smoking” does not include the use of a cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product used as a prop in a motion picture, television program, or similar filmed audiovisual work, provided filming is properly permitted by the California Film Commission, the active film set is closed to the general public, and any waste is immediately removed from the park. “Smoke” or “smoking” does not include the use of a cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product used in connection with the good faith practice of a religious belief or ceremony. (4) “State beach” means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary. (5) “Unit of the state park system” means an area specified in Section 5002. (b) A person shall not smoke on a state beach or in a unit of the state park system. This prohibition does not apply to paved roadways or parking facilities of a state beach or unit of the state park system. (c) A person shall not dispose of used cigar or cigarette waste on a state beach or in a unit of the state park system unless the disposal of the cigar or cigarette waste is made in an appropriate waste receptacle. (d) A person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25). (e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the smoking prohibition set forth in subdivision (b). (f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the smoking prohibition set forth in subdivision (b). (g) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable. (Added by Stats. 2019, Ch. 761, Sec. 2. (SB 8) Effective January 1, 2020.)
  10. 5008.2.

    ## 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. )

    Verify source ↗

    Peace officers and designated department employees may capture or, in some cases, dispatch animals in state park units, and owners of identified animals must be notified within 72 hours.

    ## 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. ) ## 5008.2. (a) Peace officers and other designated employees of the department may capture any animal (1) which is not confined or under the immediate control of a person visiting the unit, (2) which poses a threat to public safety and welfare, to the natural or cultural resources of the unit, or to the improvements at the unit, or (3) which is a public nuisance. (b) Peace officers may dispatch any animal which poses an immediate or continuing threat (1) to public safety and welfare or (2) to wildlife at the unit. (c) Owners of animals with identification that have been captured or dispatched pursuant to this section shall be notified within 72 hours after capture or dispatch. (d) This section does not apply to dogs used to lawfully pursue game in season at units of the State Park System where hunting is permitted. (e) The authority conferred by this section on peace officers or designated employees of the department may only be exercised on or about property owned, operated, controlled, or administered by the department. (Added by Stats. 1982, Ch. 750, Sec. 2.)
  11. 5008.4.

    ## 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. )

    Verify source ↗

    Money in the State Parks and Recreation Fund may be used only for specified refund and training purposes, and only when the Legislature appropriates 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. ) ## 5008.4. Moneys deposited in the State Parks and Recreation Fund pursuant to Section 1463.02 of the Penal Code are available, when appropriated by the Legislature, only for the following purposes: (a) The payment of refunds of fines and forfeitures determined by the Controller to have been erroneously deposited in the fund. (b) The training of department employees in the Ranger/Lifeguard classification, including, but not limited to, resource management and protection, law enforcement, interpretation, first aid, cardiopulmonary resuscitation and medical technical training, subject to all of the following: (1) Reimbursement for training under the section shall not exceed the reimbursement rates of the Commission on Peace Officer Standards and Training, but reimbursements for salaries may be up to 100 percent of actual costs. (2) Reimbursements for salaries shall be allocated to the assigned work locations of the employees receiving training to be used for salary or overtime payments for rangers and lifeguards assigned to those work locations. (3) Expenditures under this subdivision in any fiscal year shall not exceed 90 percent of the moneys on deposit on June 30 of the preceding fiscal year. (Amended by Stats. 1996, Ch. 320, Sec. 33. Effective January 1, 1997.)
  12. 5008.5.

    ## 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. )

    Verify source ↗

    This section sets rules for proving who parked or placed a vehicle or vessel in certain park-related violation cases, allows a rental or lease record to rebut that proof, and requires dismissal in some cases after a bona fide sale or transfer if stated 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. ) ## 5008.5. In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred. Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser. (Amended by Stats. 2015, Ch. 113, Sec. 5. (AB 1528) Effective January 1, 2016.)
  13. 5008.6.

    ## 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. )

    Verify source ↗

    A judge may order forfeiture of certain dangerous devices or apparatus used in the offense, and the department must then sell or destroy the forfeited item.

    ## 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. ) ## 5008.6. Notwithstanding any other provision of law, the judge before whom any person is tried for a violation of any provision of this code within the jurisdiction of the department, or regulation adopted pursuant thereto, may, upon the conviction of the accused, order the forfeiture of any device or apparatus which is designed to and capable of injuring or killing any person or animal or capturing any animal and which was used in committing the offense charged. The department shall either sell or destroy any device or apparatus so forfeited. The proceeds from all sales shall be paid into the State Parks and Recreation Fund, segregated with the money deposited pursuant to Section 5008.4, and available only for the purposes of Section 5008.4. For purposes of this section, forfeiture of bail is a conviction. (Added by Stats. 1987, Ch. 761, Sec. 3.)
  14. 5008.7.

    ## 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. )

    Verify source ↗

    People convicted of violating park-littering rules face mandatory fines, and the court may also require at least 8 hours of litter pickup as probation.

    ## 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. ) ## 5008.7. Every person convicted of a violation of any rule or regulation adopted by the department pursuant to this division prohibiting the leaving, depositing, dropping, or scattering of bottles, broken glass, ashes, wastepaper, cans, or other rubbish in any unit of the state park system shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction. The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours. (Amended by Stats. 1987, Ch. 133, Sec. 5.)
  15. 5008.8.

    ## 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. )

    Verify source ↗

    After January 1, 1989, a peace officer authorized under Section 5008 must complete the POST basic training course before being first designated as a peace officer.

    ## 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. ) ## 5008.8. After January 1, 1989, every peace officer authorized pursuant to Section 5008, shall have satisfactorily completed, prior to the date he or she is first designated a peace officer, the basic training course established by the Commission on Peace Officer Standards and Training. (Added by Stats. 1988, Ch. 523, Sec. 1.)
  16. 5009.

    ## 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. )

    Verify source ↗

    The State Park Contingent Fund continues to exist, and certain money received for state park improvements or additions must be deposited in the State Treasury to that 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. ) ## 5009. The State Park Contingent Fund is continued in existence. All moneys collected or received from contractual agreements, donations, gifts, bequests, or local government appropriations for improvements or additions to the state park system, shall be deposited in the State Treasury to the credit of the contingent fund. All moneys deposited shall be used for the improvement, maintenance, operation, or administration of state parks, or the acquisition of additional lands and properties for the state park system, in accordance with the terms of the agreement, donation, gift, bequest, or local government appropriation from which the moneys are derived. (Amended by Stats. 2014, Ch. 35, Sec. 136. (SB 861) Effective June 20, 2014.)
  17. 5009.1.

    ## 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. )

    Verify source ↗

    The department may accept donated funds or services for state park units and facilities, must account for donated funds, and may offer free or reduced-cost park access when the public benefit is sufficient.

    ## 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. ) ## 5009.1. (a) (1) The department may enter into an agreement to accept funds from any person, educational institution, tribal government, corporation or other business entity, or organization for the maintenance, operation, restoration, repair, development, improvement, or enhancement of a designated state park system unit or facility, or for research, educational, interpretive, recreational, or visitor services provided on or for a designated state park system unit or facility. Any funds so received shall be deposited in a separate account in the State Park Contingent Fund. The funds received shall supplement, but not replace, existing resources for the maintenance, operation, restoration, repair, development, improvement, or enhancement of the unit or facility, or for establishing or enhancing park services provided to visitors. The department and the sponsoring or donating person, entity, government, or organization shall specify in the agreement the level of service that is to be performed. (2) Each agreement entered into pursuant to paragraph (1) shall include a provision requiring the department to provide to the signatory of the agreement or his or her designee an accounting of all expenditures made from the donated funds until all of the donated funds have been expended. The accountings shall be provided on a quarterly basis unless a different frequency is agreed to by the parties to the agreement. (b) The department may enter into an agreement to accept from any person, educational institution, tribal government, corporation or other business entity, or organization services for the cleanup, repair, development, improvement, restoration, or enhancement of any designated state park system unit or facility, or for research, educational, interpretive, recreational, or visitor services provided on or for a state park system unit or facility. Under the direction of the department, these services shall supplement, but not replace, existing staff resources for the purpose of enhancing the maintenance and operation of the unit or facility or for establishing or enhancing park services provided to visitors. (c) The director may authorize the erection of an appropriate sign in recognition of a donation or sponsorship provided in accordance with this section, consistent with existing law and with the rules and regulations of the department regarding signs in units of the state park system. (d) The department may provide free or reduced-cost access to, and use of, park facilities to entities that have entered into agreements as described in this section, if the public benefit to be provided pursuant to the agreement exceeds or is of comparable value, as determined by the department, to the access to or use of park facilities granted. (Amended by Stats. 2016, Ch. 201, Sec. 11. (AB 2549) Effective January 1, 2017.)
  18. 5009.2.

    ## 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. )

    Verify source ↗

    The department may make agreements to accept funds or services for beach-related work and services, and it may offer limited free or reduced-cost beach access in return for sufficient public benefit.

    ## 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. ) ## 5009.2. (a) The department may enter into an agreement to accept funds from any person, business entity, educational institution, tribal government, or organization for the maintenance, operation, restoration, repair, development, improvement, or enhancement of a state beach, any other unit of the state park system that encompasses a beach, or any area or facility of the state beach or other unit, or for research, educational, interpretive, recreational, or visitor services provided on or for a state beach, any other unit of the state park system that encompasses a beach, or any area or facility of the state beach or other unit. Any funds so received shall be deposited in a separate account in the State Park Contingent Fund. The funds received shall supplement, but not replace, existing resources for the purposes of enhancing the maintenance, operation, restoration, repair, development, improvement, or enhancement of the state beach, other unit of the state park system that encompasses a beach, or area or facility of the state beach or other unit, or for establishing or enhancing beach services provided to visitors. The department and the sponsoring or donating person, business entity, government, or organization may specify in the agreement the level of maintenance, operation, restoration, repair, development, improvement, or enhancement that will be performed. (b) The department may also enter into an agreement to accept from any person, educational institution, tribal government, business entity, or organization services for the operation, restoration, repair, development, improvement, maintenance, or enhancement of a state beach, other unit of the state park system that encompasses a beach, or area or facility of the state beach or other unit, or for research, educational, interpretive, recreational, or visitor services provided on or for a state beach, other unit of the state park system that encompasses a beach, or area or facility of the state beach or other unit. Under the direction of the department, those services shall supplement, but not replace, existing staff resources for the purposes of operation, restoration, repair, development, improvement, maintenance, or enhancement of the state beach, other unit of the state park system that encompasses a beach, or area or facility of the state beach or other unit. (c) The director may authorize the erection of an appropriate sign in recognition of a donation or sponsorship provided in accordance with this section, in accordance with department rules and regulations regarding signs in the state park system. (d) The department may provide free or reduced-cost access to, and use of, beach facilities to entities that have entered into agreements as described in this section, if the public benefit to be provided pursuant to the agreement exceeds or is of comparable value, as determined by the department, to the access to or use of beach facilities granted. (e) The activities authorized by this section shall be implemented as part of the department’s Adopt-A-Beach program. (Amended by Stats. 2015, Ch. 559, Sec. 5. (AB 549) Effective January 1, 2016.)
  19. 5009.3.

    ## 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. )

    Verify source ↗

    The department may make agreements with private nonprofit or other private entities to help secure private funding for state park units and keep them preserved and open to the public.

    ## 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. ) ## 5009.3. Notwithstanding any other provision of law, the department may enter into an agreement or agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. The authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements. (Added by Stats. 1995, Ch. 472, Sec. 2. Effective September 15, 1995.)
  20. 5009.5.

    ## 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. )

    Verify source ↗

    This section lets the department enter community access agreements with eligible entities, and sets duties, reporting, payment handling, and a time limit for those agreements.

    ## 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. ) ## 5009.5. (a) For purposes of this section, the following definitions apply: (1) “Community access agreement” means an agreement entered into pursuant to this section that allows eligible entities to use property within the state park system and department personnel services to provide interpretive services and visitor services at units of the state parks system to underserved park users. (2) “Eligible entity” means any of the following: (A) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. (B) A federally recognized Native American tribe. (C) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. (3) “Interpretive services” means activities and programs that seek to help underserved park users to understand and connect with natural, cultural, and historic resources of the state park system and are not generally offered by the department. (4) “Underserved park users” means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director. (5) “Visitor services” means activities and programs that focus on facilitating opportunities for high-quality outdoor recreational services for underserved park users within a unit or units of the state park system. (b) (1) Notwithstanding any other law, the department, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, may enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users. (2) An eligible entity that enters into a community access agreement with the department shall deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system where the interpretive services or visitor services are to be held. (c) The department, at its discretion, may provide department personnel services and space, if available, for an eligible entity’s outdoor equipment, services, or both, within a unit or units of the state park system. (d) A community access agreement may include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. (e) All moneys collected or received by an eligible entity from interpretive services and visitor services provided pursuant to a community access agreement at a unit or units of the state park system shall be retained by or returned to the eligible entity. (f) A community access agreement entered into pursuant to this section shall be a pilot project. The term of a community access agreement shall not exceed five years or the inoperative date of this section, whichever occurs first. (g) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature on the implementation of this section on or before December 31, 2028. The report shall include all of the following information: (A) A list of units of the state park system with community access agreements. (B) A discussion of public benefits derived from community access agreements. (C) An accounting of the revenues and expenditures incurred pursuant to each community access agreement. (D) An assessment of the benefit to the state from community access agreements. (E) Any other relevant information or data collected during the operation of community access agreements. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date. (Added by Stats. 2023, Ch. 831, Sec. 2. (AB 1150) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  21. 501.

    ## 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. )

    Verify source ↗

    The Department of Parks and Recreation exists in the Resources Agency, and it is run by a Director of Parks and Recreation.

    ## 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. ) ## 501. There is in the Resources Agency, the Department of Parks and Recreation. The department shall be conducted under the control of an executive officer known as the Director of Parks and Recreation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate. (Repealed and added by Stats. 1965, Ch. 1144.)
  22. 5010.

    ## 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. )

    Verify source ↗

    The department may collect park-use fees and related revenues, accept credit cards for reservation payments, and impose a reservation-service surcharge. Most revenues must be paid into designated state funds and used for specified park 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. ) ## 5010. (a) The department may collect fees, rents, and other returns for the use of any state park system area, the amounts to be determined by the department. The department may accept a credit card as a method of payment for fees collected through the department’s reservation system. Any contract executed by the department with credit card issuers or draft purchasers shall be consistent with Section 6159 of the Government Code. Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, the department may impose a surcharge in an amount to cover the cost of providing the reservation service, including reimbursement for any fee or discount charged by the credit card issuer. (b) All revenues received by the department during each fiscal year shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund, which is hereby created. (c) Notwithstanding subdivision (b), all revenues received by the department from the state vehicular recreation areas shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Trust Fund, as required by Section 38225 of the Vehicle Code. (d) All revenues received by the department for the entry or launching of boats shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund and shall be used for boating safety, enforcement, operation, and maintenance programs of the department. (e) On July 1, 1980, all existing balances, including unappropriated balances and encumbered and unencumbered balances, of the following funds and accounts shall be transferred to the State Parks and Recreation Fund: (1) Park and Recreation Revolving Account (Section 5098, Public Resources Code, as added by Chapter 1222, Statutes of 1972). (2) The Resources Protection Account (Section 8600, Public Resources Code, as added by Chapter 1052, Statutes of 1969). (3) Collier Park Preservation Fund (Section 5010, Public Resources Code, as added by Chapter 1502, Statutes of 1974). (4) San Francisco Maritime State Historic Park Account (Section 2, Chapter 1764, Statutes of 1971). (5) State Park Highway Account, Bagley Conservation Fund (Section 2107.7, Streets and Highways Code, as added by Chapter 1032, Statutes of 1973). (6) All funds received by the department pursuant to Division 21 (commencing with Section 31000). (7) Hostel Facilities Use Fees Account (Section 2, Chapter 265, Statutes of 1974). (8) All funds, other than expended funds, previously appropriated to the department from the Bagley Conservation Fund. (f) On and after July 1, 1980, all funds, other than those specified in subdivisions (g) and (h), in the State Parks and Recreation Fund shall be available for expenditure for state park planning, acquisition, and development projects, operation of the state park system, and resource and property management and protection, when appropriated by the Legislature. (g) All funds in the State Parks and Recreation Fund which had previously been appropriated and have become encumbered, may be used, without further appropriation, for liquidation of those encumbrances, upon the same terms and conditions as made by those previous appropriations. (h) The balance of any unencumbered funds in the State Park Highway Account in the Bagley Conservation Fund shall be transferred to the State Parks and Recreation Fund and shall be available for expenditure as provided in subdivisions (b) and (c) of Section 2107.7 of the Streets and Highways Code. (i) All funds received by the Department of Parks and Recreation from the auction sales conducted pursuant to Section 2080.6 of the Civil Code shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund and shall be used for training department employees in the Ranger/Lifeguard classification, including, but not limited to, resource management and protection, law enforcement, interpretation, first aid, cardiopulmonary resuscitation, and medical technical training. (Amended by Stats. 2004, Ch. 908, Sec. 4. Effective January 1, 2005.)
  23. 5010.1.

    ## 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. )

    Verify source ↗

    The department or a qualifying public agency may contract out fee collection or reservation-system operations for state park system areas when doing so would achieve significant savings.

    ## 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. ) ## 5010.1. (a) All fees, rents, and other returns for the use of any state park system area are the property of the state or the public agency operating a state park system area pursuant to an agreement entered into pursuant to Article 2 (commencing with Section 5080.30) of Chapter 1.2. However, whenever significant savings can be achieved by the department or the operating public agency, the department or the public agency may enter into a contract with a concessionaire, lessee, or other natural person, corporation, partnership, or association for the collection of fees, rents, or other returns on behalf of the state or the public agency. The contract may provide for the retention of a portion of any fee, rent, or other return as reimbursement for the cost of collection. (b) Whenever significant savings can be achieved, the department may enter into a contract with any natural person, corporation, partnership, or association for the operation of a reservation system for the state park system and for the collection of state park fees in connection therewith. The contract may provide for the retention of a portion of every fee or the imposition of a surcharge as reimbursement for the cost of providing that service. (Repealed and added by Stats. 1982, Ch. 1487, Sec. 5. Effective September 28, 1982.)
  24. 5010.1.5.

    ## 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. )

    Verify source ↗

    This section sets rules for state park reservations, including when the department may restrict reservations, when reservationholders get refunds or may forfeit costs, and what reminder notices must be sent.

    ## 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. ) ## 5010.1.5. (a) On and after January 1, 2024, any contract the department enters into for purposes of managing the department’s reservation system pursuant to subdivision (b) of Section 5010.1 shall reflect the rules, authorizations, and requirements of this section. (b) For units of the state park system operated by the department, the department may restrict a person from reserving a site under any of the following circumstances: (1) For more than seven consecutive nights during peak season. (2) If the person has occupied a site at the same unit proposed for reservation for more than 30 days in a calendar year. (3) (A) By using the online reservation system if the person failed to show up for at least three reservations in one calendar year. (B) The person’s ability to reserve a site using the online reservation system may resume within one calendar year from the date of the reservationholder’s third failure to show up for a reservation. (C) This paragraph shall not apply to reservations and occupation of sites obtained using walkup reservations or first-come-first-served systems. (c) A reservationholder who cancels a reservation seven calendar days or more before the reservation start date shall receive a refund of the cost of the reservation, excluding any reservation fees. (d) A reservationholder who cancels a reservation within two to six calendar days before the reservation start date may forfeit the cost of the reservation for the first night plus any reservation fees. (e) A reservationholder who cancels a reservation or fails to show up within 24 hours of the reservation start date may forfeit the entire cost of the reservation plus any reservation fees. (f) A reservationholder may either show up or provide notice of late arrival to staff at the state park unit where the reservation is held within 24 hours of the reservation start date in order to avoid forfeiting the entire cost of the reservation. (g) A camp or lodging site for which the reservationholder cancels a reservation three calendar days or more before the reservation start date may be made available for reservation through the online reservation system. (h) A reservationholder shall receive at least two reminders via email or another form of communication, as follows: (1) Ten days before the reservation start date, that informs the reservationholder of cancellation at least seven days before the reservation start date to receive a refund of the cost of the reservation, excluding any reservation fees. (2) Four days before the reservation start date, informing the reservationholder of cancellation within three calendar days of the reservation start date to avoid the forfeiture of one night of reservation costs plus any reservation fees. (i) As part of the communication described in subdivision (h), a reservationholder shall be informed that the entire cost of the reservation plus any reservation fees may be forfeited if the reservationholder does either of the following: (1) Cancels within 24 hours of the reservation start date. (2) Fails to either show up or notify staff at the state park unit where the reservation is held of a late arrival no later than 24 hours following the reservation start date. (j) Forfeited reservation costs, as described in subdivisions (d) and (e), shall be deposited into the State Parks and Recreation Fund, established pursuant to Section 5010, and may be used, upon appropriation by the Legislature, for purposes of deferred maintenance projects. (k) This section shall only apply to a camp or lodging site that uses the reservation system described in subdivision (b) of Section 5010.1. (Added by Stats. 2023, Ch. 536, Sec. 1. (AB 618) Effective January 1, 2024.)
  25. 5010.1.6.

    ## 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. )

    Verify source ↗

    The department must set up a reservation drawing for up to five popular state park units by January 1, 2025, and report the results to the Legislature by January 1, 2028. It may keep using the existing reservation system for some sites to compare processes.

    ## 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. ) ## 5010.1.6. (a) On or before January 1, 2025, the department shall implement a reservation drawing for up to five of the most popular units of the state park system. The department shall determine the top units for purposes of this section based on units that have the most booking interest six months before the reservation date. (b) At any unit of the state park system described in subdivision (a), the department may continue to use the reservation system authorized pursuant to subdivision (b) of Section 5010.1 and as described in Section 5010.1.5 for a subset of camping or lodging sites within the state park unit for purposes of providing an analysis between the reservation drawing process established by this section and existing reservation system processes. (c) (1) On or before January 1, 2028, the department shall provide a report to the Legislature on the outcomes of the reservation drawing established pursuant to subdivision (a), including, if pursued by the department, any analysis obtained pursuant to subdivision (b). (2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 536, Sec. 2. (AB 618) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  26. 5010.2.

    ## 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. )

    Verify source ↗

    The department may not charge fees, rentals, or other return for use of state park units for qualifying school groups and their escorts, except at Hearst San Simeon State Historic Monument or where Section 5010 would otherwise allow charges.

    ## 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. ) ## 5010.2. The department shall not collect from any group of pupils in kindergarten or grades 1 to 12, inclusive, or their escorts, including, but not limited to, teachers, other supervisory personnel, and busdrivers, any fee, rental or other return for the use of any unit in the state park system, except Hearst San Simeon State Historic Monument, which would otherwise be collectible pursuant to Section 5010, when the group is visiting the area pursuant to a school outing or field trip under the direction of school personnel and has made prior arrangements with the department either through reservation or contact with the department’s historical unit manager. This section shall apply to both public and private schools located in the state. It is the intent of the Legislature that this section applies to the day use of units in the state park system unless the Director of Parks and Recreation authorizes overnight camping by those groups designated in this section. (Added by Stats. 1971, Ch. 1206.)
  27. 5010.2.5.

    ## 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. )

    Verify source ↗

    The department may create the California State Park Adventure Pass, may waive day-use entrance fees for eligible children with a valid pass, and must post related park and pass information on its website.

    ## 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. ) ## 5010.2.5. (a) The department may establish the California State Park Adventure Pass. The pass shall be available, upon application to the department, to any child in grade 4, or grade 4 equivalent, who is a California resident and enrolled in a California public school. (b) (1) The department may waive the day use entrance fees to an eligible unit of the state park system, as determined by the department, for any child who holds a valid California State Park Adventure Pass as described in subdivision (a). (2) The entrance fee waiver pursuant to paragraph (1) shall cover, where applicable, both of the following: (A) A per vehicle entrance fee, including all passengers in the vehicle, as long as the vehicle is a single, private, noncommercial vehicle that is used to transport the grade 4 child to the unit of the state park system. (B) A per person entrance fee, including up to three adults, 16 years of age or older, and all children, 15 years of age and younger, accompanying the grade 4 child. (c) The department shall post on its internet website the list of state parks eligible for the waiver, pursuant to subdivision (b), and information on how to obtain the California State Park Adventure Pass, including a hyperlink. (Added by Stats. 2024, Ch. 72, Sec. 38. (SB 156) Effective July 2, 2024.)
  28. 5010.3.

    ## 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. )

    Verify source ↗

    The department may waive state park fees for certain cadet corps or military academy students if they complete an approved community service project.

    ## 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. ) ## 5010.3. The department may waive all fees for the use, including camping where permitted, of any unit of the state park system by students of the California Cadet Corps or of a public military academy, pursuant to Section 5080.44, in exchange for completing a community service project at the unit that has been approved in advance by state park officials and appropriate staff of the California Cadet Corps or the academy, as applicable. (Added by Stats. 2017, Ch. 212, Sec. 1. (AB 1355) Effective January 1, 2018.)
  29. 5010.4.

    ## 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. )

    Verify source ↗

    The department may sell or license certain merchandise and images directly to the public if it cannot secure a concession or cooperating association agreement, and it must pay the resulting revenues and commissions into the specified state funds.

    ## 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. ) ## 5010.4. (a) The department may license, sell, or license and sell, its branded merchandise, images, and other state-park-related merchandise, directly to the public for revenue generation, if the department is unable to obtain through good faith efforts a concession or cooperating association agreement to provide these services. (b) (1) The department may enter into agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of department branded merchandise, images, or other state-park-related merchandise to the public. (2) The department shall receive fair and reasonable revenues and commissions for the sales and agreements to sell merchandise. (c) (1) All revenues and commissions received by the department as a result of this section shall be paid into the State Treasury to the credit of the State Parks and Recreation Fund, pursuant to Section 5010. (2) Notwithstanding paragraph (1), all revenues and commissions received by the department from the state vehicular recreation areas as a result of this section shall be paid into the State Treasury to the credit of the Off-Highway Vehicle Trust Fund, pursuant to Section 38225 of the Vehicle Code. (Amended by Stats. 2019, Ch. 497, Sec. 222. (AB 991) Effective January 1, 2020.)
  30. 5010.5.

    ## 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. )

    Verify source ↗

    The director may authorize refunds of money received or collected illegally or by mistake, inadvertence, or error.

    ## 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. ) ## 5010.5. The director may authorize the refund of moneys received or collected by himself or by the department illegally, or by mistake, inadvertence, or error. Claims authorized by the director shall be filed with the State Controller and the Controller shall draw his warrant against the General Fund in payment of such refund from any appropriation made for that purpose. (Amended by Stats. 1969, Ch. 54.)
  31. 5010.6.

    ## 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. )

    Verify source ↗

    Creates the State Parks Revenue Incentive Subaccount and requires funded projects to include specified planning details.

    ## 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. ) ## 5010.6. (a) For purposes of this section, “subaccount” means the State Parks Revenue Incentive Subaccount created pursuant to this section. (b) The State Parks Revenue Incentive Subaccount is hereby created within the State Parks and Recreation Fund. (c) Notwithstanding Section 13340 of the Government Code, the funds in the subaccount are hereby continuously appropriated to the department for activities, programs, and projects, including, but not limited to, capital outlay projects, that are consistent with the mission of the department and that increase the department’s capacity to generate revenue and to implement the revenue generation program developed pursuant to Section 5010.7. Expenditures from the subaccount may include expenditures for staffing entry points, including department employees, seasonal employees, state and local conservation corps, individuals qualified pursuant to Chapter 0908 of the Department Operations Manual, and employees of organizations with agreements with state parks pursuant to Sections 513, 5009.1, 5009.3, and 5080. Activities, programs, and projects funded by the subaccount shall each include all of the following: (1) A clear description of the proposed use of funds. (2) A timeframe for implementation of the activity, program, or project. (3) A projection of revenues, including annual income, fees, and projected usage rates. (4) A projection of costs, including, if appropriate, design, planning, construction, operation, staff, maintenance, marketing, and information technology. (5) A market analysis demonstrating demand for the activity, project, or program. (6) A projected rate of return on the investment. (d) The Office of State Audits and Evaluations shall review the activities, programs, and projects funded from the subaccount pursuant to subdivision (c) to ensure appropriate internal controls are in place. The department shall reimburse the Office of State Audits and Evaluations from the subaccount for any costs related to the review. (e) The revenue generated from activities, programs, and projects funded by the subaccount are continuously appropriated for expenditure by the department pursuant to subdivision (c) of Section 5010.7. (Amended by Stats. 2018, Ch. 51, Sec. 20. (SB 854) Effective June 27, 2018.)
  32. 5010.7.

    ## 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. )

    Verify source ↗

    The department must create and manage a park revenue generation program, set district revenue targets, publish reporting guidelines and reports, and limit use of the funds to specified park-related 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. ) ## 5010.7. (a) The department shall develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. On or before July 1, 2014, and annually thereafter, the department shall assign a revenue generation target to each district under the control of the department. The department shall develop guidelines for districts to report the use of funds generated by the revenue generation program, and shall post information and copies of the reports on its Internet Web site. (b) The California State Park Enterprise Fund is hereby created in the State Treasury as a working capital fund, and the revenue shall be available to the department upon appropriation by the Legislature for capital outlay or support expenditures for revenue generating investments in state parks. These investments may include, but are not limited to, planning and implementation of a statewide electronic fee collection system that includes installation of modern fee collection equipment and technologies to enhance collection of state park users fees and that will enable park users to pay fees with commonly used forms of electronic fund transfers, including, but not limited to, credit and debit card transactions, and other park revenue generating projects, and shall be available for encumbrance and expenditure until June 30, 2021, and for liquidation until June 30, 2023. (1) The department shall prepare guidelines for districts to apply for funds for capital projects that are consistent with this subdivision. (2) The guidelines prepared pursuant to this subdivision shall require all of the following: (A) A clear description of the proposed use of funds. (B) A timeframe of implementation of the capital project. (C) A projection of revenue, including annual income, fees, and projected usage rates. (D) A projection of costs, including design, planning, construction, operation, staff, maintenance, marketing, and information technology. (E) A market analysis demonstrating demand for the project. (F) A projected rate of return on the investment. (c) The revenue generated by the revenue generation program developed pursuant to subdivision (a) shall be deposited into the State Parks and Recreation Fund. Except as provided in subdivision (h), all or a portion of the revenue identified as being in excess of the district revenue targets may be transferred to the State Parks Revenue Incentive Subaccount, established pursuant to Section 5010.6, as follows: (1) (A) Up to 50 percent may be transferred to the subaccount and allocated by the department to park districts that exceed their established revenue targets. (B) Each district shall use the funds it receives pursuant to this section to improve the parks in that district through revenue generation programs and projects and other activities that will assist in the district’s revenue generation activities, and the programs, projects, and other activities shall be consistent with the mission and purpose of each unit and with the plan developed for the unit pursuant to subdivision (a) of Section 5002.2. (C) The department shall report to the Legislature, commencing on July 1, 2014, and annually on or before each December 31 thereafter, on the revenue distributed to each district pursuant to this section. (2) Up to 50 percent may be transferred to the subaccount and allocated by the department for the following purposes: (A) To fund the capital costs of construction and installation of new revenue and fee collection equipment and technologies and other physical upgrades to existing state park system lands and facilities. (B) For costs of restoration, rehabilitation, and improvement of the state park system and its natural, historical, and visitor-serving resources that enhance visitation and are designed to create opportunities to increase revenues. (C) For costs to the department to implement the action plan required to be developed by the department pursuant to Section 5019.92. (D) Pursuant to subdivision (c) of Section 5010.6, for expenditures to support revenue generation projects that include, but are not limited to, staffing kiosks, campgrounds, and parking lots. (d) The funds generated by the revenue generation program shall not be used by the department to expand the park system, unless there is significant revenue generation potential from such an expansion. (e) Notwithstanding Section 5009, moneys received by the department from private contributions and other public funding sources may also be deposited into the California State Park Enterprise Fund and the State Parks Revenue Incentive Subaccount for use for the purposes of subdivision (c). (f) The department shall provide all relevant information on its Internet Web site concerning how funds in the State Parks and Recreation Revenue Incentive Subaccount and the California State Park Enterprise Fund are spent. (g) The department may recoup its costs for implementing and administering the working capital from the fund. (h) The department shall not transfer funds to the State Parks Revenue Incentive Subaccount pursuant to subdivision (c) if the statewide department revenue target is not met. (Amended by Stats. 2018, Ch. 51, Sec. 22. (SB 854) Effective June 27, 2018.)
  33. 5011.

    ## 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. )

    Verify source ↗

    The Department of Parks and Recreation must issue a Golden Bear Pass to qualifying recipients, waive the $5 fee starting July 1, 2021, and not give half-price or other discounts based on the pass.

    ## 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. ) ## 5011. (a) Any person receiving aid to the aged, blind, or disabled under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, any person receiving aid under the federal Temporary Assistance for Needy Families (TANF) program under Part A of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), any person receiving aid under the California Work Opportunity and Responsibility to Kids Act (CalWORKs program) under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any person over 62 years of age whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount specified in subdivision (c) of Section 12200 of the Welfare and Institutions Code for a single person, or in subdivision (d) of that section for married persons, as adjusted pursuant to Section 12201 of that code, upon application therefor and payment of five dollars ($5) to the Department of Parks and Recreation, shall be issued a “Golden Bear Pass” that is valid for the specified year and that entitles the bearer and spouse to free use on any day of the day-use facilities in units of the state park system, except Hearst San Simeon State Historical Monument, Sutter’s Fort State Historic Park, and the California State Railroad Museum, under limitations as may be determined by departmental regulation regarding peak hours and contractual arrangements with vendors. The pass shall entitle the bearer and spouse to have access only to day-use facilities and not to the use of any other facilities. (b) The department shall not grant half price privileges or offer any discount for the use of state park system facilities on the basis of the pass authorized by this section. (c) Notwithstanding subdivision (b), the department shall develop and implement, on or before January 1, 1986, a senior discount program for the use of state park system facilities. The program may be modified after January 1, 1991, to include a “Golden Bear Senior Pass” available to any person over 62 years of age for an annual fee fixed by the department, valid for the specified year, and entitling the bearer and spouse to the use of day and camping facilities as specified by the department. The department shall set the fee for the “Golden Bear Senior Pass” and shall specify the facilities and times for which the pass is valid so as to minimize any loss in total annual park revenues to the department. (d) (1) Notwithstanding subdivision (b), on and after July 1, 2021, the department shall waive the five-dollar ($5) fee to obtain the “Golden Bear Pass” described in subdivision (a). (2) This subdivision shall become inoperative on July 1, 2024. (Amended by Stats. 2023, Ch. 831, Sec. 3. (AB 1150) Effective January 1, 2024.)
  34. 5011.5.

    ## 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. )

    Verify source ↗

    Eligible veterans can get a state park pass that lets them use all facilities, including boat launching facilities, if they apply and show the required proof.

    ## 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. ) ## 5011.5. (a) A veteran of a war in which the United States has been, or may be engaged, who is a resident of this state, upon presentation to the department of proof of disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge from service, upon application therefor, shall be issued a pass entitling the bearer to the use of all facilities, including boat launching facilities, in units of the state park system. (b) As used in this section: (1) “Veteran” means a former member of the Armed Forces of the United States who has a 50 percent or greater service-connected disability, or who was held as a prisoner of war by forces hostile to the United States, as certified by the United States Department of Veterans Affairs, and who was honorably discharged from service. (2) “War” means that period of time commencing when Congress declares war or when the Armed Forces of the United States are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States. (Amended by Stats. 2007, Ch. 129, Sec. 1. Effective January 1, 2008.)
  35. 5011.6.

    ## 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. )

    Verify source ↗

    The department may offer reduced-fee or free day use at certain state park units on Memorial Day and Veterans Day for eligible veterans and military personnel who show required proof.

    ## 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. ) ## 5011.6. The department may offer a reduced fee or free day use of any unit of the state park that is operated by the state and accessible with a vehicle day use annual pass, as those parks are listed on the department’s Internet Web site, to a veteran, as defined in Section 980 of the Military and Veterans Code, or active duty or reserve military personnel for the United States Armed Forces or the National Guard of any state, on Memorial Day and Veterans Day if the veteran can provide proof of current military identification, or proof of discharge under conditions other than dishonorable or bad conduct, or the active duty or reserve military personnel of the Armed Forces or the National Guard can provide current military identification. (Added by Stats. 2013, Ch. 688, Sec. 1. (AB 150) Effective January 1, 2014.)
  36. 5011.7.

    ## 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. )

    Verify source ↗

    The department may acquire or help fund conservation easements, but grant funds cannot be disbursed until the recipient agrees to the required land-use restriction. The department must also adopt written policies on conservation easement purchases by July 1, 2009.

    ## 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. ) ## 5011.7. (a) The Legislature finds and declares that the use of conservation easements can assist the department in protecting the natural resources of the state park system and prevent incompatible uses on property at a low cost, while maintaining land in private ownership and productive use. (b) For the purposes of this section, the following terms have the following meaning: (1) “Conservation easement” means a limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, that has been executed by or on behalf of the owner of the land subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. “Conservation easement” includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of the Government Code, and an agricultural conservation easement as defined in Section 10211. (2) “Local government” means a city, county, or district. (3) “Nonprofit land trust organization” means a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has among its purposes the conservation of natural or cultural resources. (c) The department may acquire a conservation easement on real property, pursuant to the requirements of Section 5006, if the department determines that the conservation easement is necessary to protect a unit of the state park system from an incompatible use or to preserve and enhance the natural resource, cultural, or historic value of the unit of the state park system. (d) (1) For the purposes of this section, the department may make grants to a state or local government agency or a nonprofit land trust organization to purchase and hold a conservation easement, using funds appropriated to the department through the annual Budget Act that have been authorized for encumbrance for either capital outlay or local assistance. (2) The director shall not disburse grant funds to a state or local government agency or a nonprofit land trust organization to purchase and hold the easement until the grantee agrees that the easement acquired will be used only for the purpose for which the grant was requested. (3) The director shall find that the disposition of the easement is consistent with, and in furtherance of, the purposes of this division and that the holder of the easement is qualified to monitor and enforce the easement. (4) If the state or local government agency or nonprofit land trust organization holding the easement is dissolved, the easement shall be transferred to a state or local government agency or nonprofit land trust organization that is qualified to monitor and enforce the easement. The transfer of the easement shall go into effect after a subsequently recorded document reflecting that transfer is recorded. (5) The easement or its terms may be amended with the consent of the property owner and the state or local government agency or nonprofit land trust organization holding the easement and upon approval by the department if the department determines that the amendment is consistent with this section. An amendment to the conservation easement shall go into effect once a subsequently recorded document setting forth the amendment is recorded. (6) The director shall not disburse any grant funds unless the recipient agrees to restrict the use of the land in perpetuity. (e) On or before July 1, 2009, the department shall adopt written policies regarding conservation easement purchases. At a minimum, these policies shall include procedures to monitor and enforce the provisions of the conservation easement. The policies shall be made available on the department’s Internet Web site. (Added by Stats. 2008, Ch. 135, Sec. 1. Effective January 1, 2009.)
  37. 5012.

    ## 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. )

    Verify source ↗

    The department may issue permits and easements, on application by the proper authorities, for listed public purposes and on terms it prescribes. It may not grant certain oil or gas pipeline rights on recently condemned beach or park land until 12 months after acquisition.

    ## 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. ) ## 5012. The department may, upon application by the proper authorities, grant permits and easements for the following purposes and upon the terms as the department may prescribe: (a) To a public agency for public roads. (b) To a public agency for public bicycle and pedestrian trails. (c) To a public agency for utility lines. (d) For electric, gas, water, sewer, telephone, telegraph and utility lines, and pipelines and structures incidental thereto, to perform a public service or oil or gas pipelines. (e) To a public agency for channels or facilities for the development of small craft harbors and recreational areas. (f) (1) To an oil and gas lessee of the state for pipeline right-of-way purposes. (2) A permit, easement, or right-of-way for oil or gas pipelines shall not be granted pursuant to this section as to land acquired by the state for beach or park purposes by condemnation after September 18, 1959, unless and until a period of 12 calendar months has elapsed following the date of acquisition of the land. (Amended by Stats. 2019, Ch. 469, Sec. 6. (SB 785) Effective January 1, 2020.)
  38. 5012.1.

    ## 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. )

    Verify source ↗

    The department may agree to indemnify and hold harmless certain grantors or lessors, and may pay damages caused by the authorized use or entry. The Department of General Services may buy insurance for the department if the department 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. ) ## 5012.1. In any lease, easement, right-of-way, license, or permit entered into whereby the department leases real property, obtains a license, permit, or a grant of easement or right-of-way to enter upon the property, the department may agree to indemnify and hold harmless the grantor, lessor, licensor, or permittor by reason of the uses or entry authorized by such lease, easement, right-of-way, license, or permit, and may agree to pay for any damages caused by such authorized use or entry. Insurance may be purchased by the Department of General Services, upon request of the department, to protect the department against loss or expense arising out of such a lease, license, permit, easement or right-of-way. (Added by Stats. 1967, Ch. 1277.)
  39. 5012.2.

    ## 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. )

    Verify source ↗

    The department may impose roadway development conditions after an easement is created, if the director finds circumstances that could substantially damage state park resources. Those locally imposed conditions only have legal effect if the property owner pays the estimated cost savings to the Los Angeles County Transportation Commission by December 31, 1991.

    ## 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. ) ## 5012.2. (a) Notwithstanding any other provision of law, subsequent to the creation of an easement for a roadway connecting to Mulholland Drive through the Mulholland Scenic Corridor and Topanga State Park or other state-owned parkland, the department may impose conditions and restrictions on the development of the roadway thereon and upon contiguous portions of Mulholland Drive if the director finds that geologic or other circumstances exist which cause or may cause substantial damage to state-owned park resources. (b) Notwithstanding any other provision of law, these conditions and restrictions, including the imposition of, and compliance with, these conditions and restrictions, shall not constitute a new project or otherwise affect the validity of recorded tract maps or other entitlements, shall supersede, preempt, and replace any conditions, restrictions, or other requirements imposed on, or in connection with those tract maps and other entitlements to the extent inconsistent with these conditions and restrictions, and shall not in any way jeopardize previously approved projects or cause a reopening of a previously completed environmental review process. This subdivision shall not be of any legal effect, for the purpose of superseding and preempting any locally imposed conditions, unless the owner of the property subject to locally imposed conditions shall pay the amount of the estimated cost savings as a result of superseding the locally imposed conditions to the Los Angeles County Transportation Commission for traffic mitigation within the San Fernando Valley Statistical Area, as defined in Section 11093 of the Government Code, on or before December 31, 1991. (Added by Stats. 1991, Ch. 875, Sec. 1.)
  40. 5013.

    ## 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. )

    Verify source ↗

    The department may acquire historical objects and may buy sites, establish museums, and maintain museums for those objects.

    ## 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. ) ## 5013. The department may acquire, purchase, and obtain objects of historical interest, and it may purchase sites for and establish and maintain museums for such objects. (Added by Stats. 1939, Ch. 94.)
  41. 5014.

    ## 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. )

    Verify source ↗

    The Director of Parks and Recreation must convey the State’s interest in the specified right-of-way to Hussey Ranch Corporation on terms the Director finds best for 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. ) ## 5014. The Director of Parks and Recreation shall convey to the Hussey Ranch Corporation, upon such terms and conditions as he determines are in the best interests of the State, all of the right, title, and interest of the State of California in and to the right-of-way for a term of 100 years from September 11, 1905, acquired by the State by deed dated June 1, 1943, recorded in Book 61 of Deeds, page 147, Records of Del Norte County, California, and described in a conveyance by Frank Hussey to the Del Norte Company, a corporation, by deed dated September 11, 1905, recorded in Book B of Agreements, page 156, Records of Del Norte County, California, to be “* * * a right of way 30 feet in width on the lands of said Hussey bordering the edge of the timber sold by said Hussey to said Del Norte Company * * * solely for the purpose of removing the logs and other timber from the tract of land belonging to the said Del Norte Company and such other lands adjoining as it may hereafter acquire and for the purpose of doing such other things as may be necessary or convenient in the removing of said timber of various sorts and shapes.” (Added by Stats. 1963, Ch. 421.)
  42. 5015.

    ## 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. )

    Verify source ↗

    The state beaches named in this section are collectively designated as the Robert H. Meyer Memorial State Beaches, and the department must post and later update signs and publications to reflect that name.

    ## 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. ) ## 5015. (a) In recognition of the late Robert H. Meyer’s many contributions to the growth and improvement of the state park system, the El Matador, El Pescador, and La Piedra State Beaches are hereby designated and shall be known collectively as the Robert H. Meyer Memorial State Beaches. (b) Not later than January 15, 1984, the department shall erect appropriate signs at, and in the vicinity of, the state beaches to reflect the designation made by this section. Thereafter, the department shall cause all directories and other publications concerning the state park system to reflect that designation as the publications are periodically revised. (Amended by Stats. 1983, Ch. 449, Sec. 1.)
  43. 5015.5.

    ## 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. )

    Verify source ↗

    This section renames the Baldwin Hills State Recreation Area as the Kenneth Hahn State Recreation Area and requires the department to update signs and park-system publications to show that name.

    ## 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. ) ## 5015.5. The Baldwin Hills State Recreation Area is hereby designated and shall be known as the Kenneth Hahn State Recreation Area. The department shall erect appropriate signs to reflect the designation made by this section and shall cause all directories and other publications concerning the state park system to reflect the designation as the publications are periodically revised. (Amended by Stats. 1989, Ch. 1360, Sec. 128.)
  44. 5015.6.

    ## 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. )

    Verify source ↗

    Sugar Pine Point State Park is designated and must be known as Ed Z’berg Sugar Pine Point 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. ) ## 5015.6. In recognition of the late Ed Z’berg’s many contributions to the growth and improvement of the state park system, Sugar Pine Point State Park is hereby designated and shall be known as the Ed Z’berg Sugar Pine Point State Park. (Added by Stats. 2003, Ch. 240, Sec. 22. Effective August 13, 2003.)
  45. 5015.8.

    ## 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. )

    Verify source ↗

    The department must help acquire and accept certain land for Chino Hills State Park and manage the acquired properties as part of the 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. ) ## 5015.8. (a) The department shall provide assistance acquiring and accepting land immediately adjacent to, and that expands, Chino Hills State Park, by transferring three properties into the state park system. The properties are known as First National Investment Properties, which consists of nine parcels, Eastbridge, which consists of four parcels, and Beattie, which is one parcel. The department shall agree to accept and manage each of these properties as a part of the Chino Hills State Park. All acquisitions shall come from willing landowners. (b) The department shall manage the properties and parcels acquired pursuant to subdivision (a) with funds held for that purpose or obtained through the Metropolitan Water District of Southern California settlement agreement. Only 131 acres, which shall consist of the Beattie property and the northern most 120-acre parcel of the First National Investment Properties, shall be managed as mitigation lands compliant with that settlement agreement. The remaining parcels of the First National Investment Properties and the Eastbridge parcels shall be managed simply as additional parklands. (Added by Stats. 2021, Ch. 760, Sec. 1. (SB 266) Effective January 1, 2022.)
  46. 5016.

    ## 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. )

    Verify source ↗

    The department may exchange certain state park lands for privately owned lands within the Anza-Borrego Desert State Park boundaries, using lands of approximately equal value.

    ## 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. ) ## 5016. In order to eliminate or acquire privately owned lands situated within the exterior boundaries of the Anza-Borrego Desert State Park, the department is authorized to exchange for such lands other lands of approximately equal value which have been or may hereafter be patented to the state for park purposes by the federal government. In making the exchanges the department may comply with all rules prescribed by the Secretary of the Interior relating thereto. (Amended by Stats. 1967, Ch. 1431.)
  47. 5016.1.

    ## 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. )

    Verify source ↗

    The department may exchange certain state lands for other lands of approximately equal value for park 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. ) ## 5016.1. In order to exchange certain lands patented to the State of California for park purposes situated outside and within 10 miles of the exterior boundaries of the Anza-Borrego Desert State Park for the purpose of acquisition of other public domain lands needed for park purposes still within these boundaries as well as elsewhere in the state, the department is authorized to exchange such lands for lands of approximate equal value which may be made available for park purposes by the federal government. In making the exchanges the department may comply with all rules prescribed by the Secretary of Interior relating thereto. (Amended by Stats. 1967, Ch. 1431.)
  48. 5016.2.

    ## 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. )

    Verify source ↗

    The Department of Parks and Recreation may enter into an agreement to acquire the Freeman Property, and that acquisition is exempt from CEQA, with stated limits.

    ## 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. ) ## 5016.2. (a) Notwithstanding any other law, the Department of Parks and Recreation may enter into an agreement for the acquisition of the “Freeman Property,” as identified in subdivision (d). The acquisition of the “Freeman Property” pursuant to this authorization and identified in this map is exempt from the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000)). (b) The exemption under subdivision (a) does not apply to any general plan that is required for the management of the “Freeman Property,” or any portion thereof, pursuant to Section 5002.2, or to any subsequent project approved for the “Freeman Property,” or any portion thereof. (c) The acquisition of the “Freeman Property” by the department is subject to all of the following conditions: (1) The boundary between the Anza-Borrego Desert State Park and the Ocotillo Wells State Vehicular Recreation Area shall be in substantial conformance to the dividing line among Sections 8, 9, 10, 11, 19, and 20, of Township 10 South, Range 09 East, S.B.B.M., as identified on the map. (2) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 18, 19, and 20, of Township 10 South, Range 09 East, S.B.B.M., as identified on the map above the dividing line, shall be annexed to the Anza-Borrego Desert State Park upon completion of transfer of title to the department. (3) Sections 9, 10, 11, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35, of Township 10 South, Range 09 East, S.B.B.M., as identified on the map below the dividing line, shall be annexed to the Ocotillo Wells State Vehicular Recreation Area upon completion of transfer of title to the department. (d) The following map describes the “Freeman Property.” * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Freeman Property map appears in the hard-copy publication of the chaptered bill. See Sec. 11, Chapter 718 (p. 27), Statutes of 2010. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Added by Stats. 2010, Ch. 718, Sec. 11. (SB 855) Effective October 19, 2010. Note: See published chaptered bill for complete section text. The Freeman Property map appears on page 27 of Ch. 718.)
  49. 5018.

    ## 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. )

    Verify source ↗

    If the department receives the required report and the Legislature funds the project, it must promptly begin the acquisition, development, or construction.

    ## 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. ) ## 5018. Whenever, after the receipt of a report submitted pursuant to Section 5017 with respect to a state beach or park or recreational area, the Legislature appropriates money for the acquisition, development, or construction of such state beach or park or recreational area, the department shall forthwith commence with such acquisition, development, or construction. (Added by Stats. 1959, Ch. 2164.)
  50. 5018.1.

    ## 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. )

    Verify source ↗

    The Department of Finance may let the department use certain project-planning, design, construction, and contract-administration authority, and it may revoke that right at any time.

    ## 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. ) ## 5018.1. (a) Notwithstanding any other law, the Department of Finance may delegate to the department the right to exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for legislatively approved capital outlay projects. (b) Any right afforded to the department pursuant to subdivision (a) to exercise project planning, design, construction, and administration of contracts and professional services may be revoked, in whole or in part, by the Department of Finance at any time. (Amended by Stats. 2018, Ch. 742, Sec. 4. (SB 1493) Effective January 1, 2019.)
  51. 5019.

    ## 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. )

    Verify source ↗

    If land is deeded to the State for park or beach purposes, the grantor may reserve oil and mineral rights, but any prospecting or extracting must not disturb the surface or recreation-related improvements.

    ## 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. ) ## 5019. When property is deeded to the State for park or beach purposes, oil and mineral rights in such property may be reserved in such deeds by the grantor; provided, that any prospecting or extracting of oil and minerals shall in no manner disturb the surface of such property or any improvements placed in or upon the property in pursuit of its use for recreation. (Added by Stats. 1947, Ch. 441.)
  52. 5019.10.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. )

    Verify source ↗

    This section creates the Parks Project Revolving Fund and sets rules for when money may be transferred into it, used from it, or approved for park construction projects.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. ) ## 5019.10. (a) The Parks Project Revolving Fund is hereby established in the State Treasury. Except as otherwise specified in this section, upon approval of the Department of Finance there shall be transferred to, or deposited in, the fund all money appropriated, contributed, or made available from any source, including sources other than state appropriations, for expenditure on work within the powers and duties of the department with respect to the construction, alteration, repair, and improvement of state park facilities, including, but not limited to, services, new construction, major construction and equipment, minor construction, maintenance, improvements, and equipment, and other building and improvement projects for which an appropriation is made or, as to funds from sources other than state appropriations, as may be authorized by written agreement between the contributor or contributors of funds and the department and approved by the Department of Finance. (b) Money from state sources transferred to, or deposited in, the fund for major construction shall be limited to the amount necessary based on receipt of competitive bids. Money transferred for this purpose shall be upon the approval of the Department of Finance. Any amount available, in the state appropriation, that is in excess of the amount necessary based on receipt of competitive bids, shall be immediately transferred to the credit of the fund from which the appropriation was made. Money in the fund also may be expended, upon approval of the Department of Finance, to finance the cost of a construction project within the powers and duties of the department for which the federal government will contribute a partial cost thereof, if written evidence has been received from a federal agency indicating that money has been appropriated by Congress and the federal government, and that the federal government will pay to the state the amount specified upon the completion of construction of the project. The director may approve plans, specifications, and estimates of cost, and advertise for and receive bids on, those projects in anticipation of the receipt of the written evidence. Money transferred or deposited for the purposes of this subdivision is continuously appropriated to, and available for expenditure by, the department for the purposes for which it is appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Section 13340 of the Government Code. (c) As used in this article, “fund” means the Parks Project Revolving Fund. (Added by Stats. 2014, Ch. 35, Sec. 140. (SB 861) Effective June 20, 2014.)
  53. 5019.11.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. )

    Verify source ↗

    The department must file claims against the fund for listed project and maintenance expenditures, and the Controller must draw a warrant against the fund for 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. ) ## 5019.11. The department shall file against the fund all claims covering expenditures incurred in connection with services, new construction, major construction and equipment, minor construction, maintenance, improvements, and equipment, and other building and improvement projects, and the Controller shall draw his or her warrant therefor against that fund. (Added by Stats. 2014, Ch. 35, Sec. 140. (SB 861) Effective June 20, 2014.)
  54. 5019.12.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. )

    Verify source ↗

    The department must keep a record of expenditures, and unencumbered balances must be withdrawn and transferred on the stated timetable unless an extension is approved.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. ) ## 5019.12. The department shall keep a record of all expenditures chargeable against each specific portion of the fund. Any unencumbered balance in any portion of the fund, either within three months after completion of the project for which the portion was transferred or within three years from the time the portion was transferred or deposited therein, whichever is earlier, shall be withdrawn from the fund and transferred to the credit of the fund from which the appropriation was made. As to funds from other than state appropriations, they shall be paid out or refunded as provided in the agreement relating to the contributions. The Department of Finance may approve an extension of the time of withdrawal. For the purpose of this section, an estimate, prepared by the department upon receipt of bids, of the amount required for supervision, engineering, and other items, if any, necessary for the completion of a project, on which a construction contract has been awarded, shall be deemed a valid encumbrance and shall be included with any other valid encumbrances in determining the amount of an unencumbered balance. (Added by Stats. 2014, Ch. 35, Sec. 140. (SB 861) Effective June 20, 2014.)
  55. 5019.13.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. )

    Verify source ↗

    The department may withdraw up to $500,000 from the fund at any time without providing a voucher or itemized statement.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. ) ## 5019.13. At any time, the department, without furnishing a voucher or itemized statement, may withdraw from the fund a sum not to exceed five hundred thousand dollars ($500,000). Any sum withdrawn pursuant to this section shall be used as a revolving fund when payments of compensation earned or cash advances are necessary with respect to the construction, alteration, repair, or improvement of state park facilities. (Added by Stats. 2014, Ch. 35, Sec. 140. (SB 861) Effective June 20, 2014.)
  56. 5019.14.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. )

    Verify source ↗

    The department must submit an annual report to the Department of Finance that reconciles fund amounts by project.

    ## 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 1.5. The Parks Project Revolving Fund [5019.10 - 5019.14] ( Article 1.5 added by Stats. 2014, Ch. 35, Sec. 140. ) ## 5019.14. The department shall annually submit to the Department of Finance a report that reconciles, by project, all of the following: (a) Amounts transferred to the fund. (b) Amounts expended from the fund. (c) In cases of project savings or completion, or both, unexpended amounts withdrawn from the fund and transferred to the credit of the fund, paid out, or refunded, as provided in Section 5019.12. (Added by Stats. 2014, Ch. 35, Sec. 140. (SB 861) Effective June 20, 2014.)
  57. 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. )

    Verify source ↗

    Before a park or recreational area development plan is made, the department must have a land carrying capacity survey done.

    ## 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. ) ## 5019.5. Before any park or recreational area developmental plan is made, the department shall cause to be made a land carrying capacity survey of the proposed park or recreational area, including in such survey such factors as soil, moisture, and natural cover. (Amended by Stats. 1959, Ch. 2164.)
  58. 5019.50.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    Most state park system units must be classified by the State Park and Recreation Commission into one of the article’s categories, with 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.50. All units that are or shall become a part of the state park system, except those units or parts of units designated by the Legislature as wilderness areas pursuant to Chapter 1.3 (commencing with Section 5093.30), or where subject to any other provision of law, including Section 5019.80 and Article 1 (commencing with Section 36600) of Chapter 7 of Division 27, shall be classified by the State Park and Recreation Commission into one of the categories specified in this article. Classification of state marine reserves, state marine parks, and state marine conservation areas, requires the concurrence of the Fish and Game Commission for restrictions to be placed upon the use of living marine resources. (Amended by Stats. 2003, Ch. 610, Sec. 18. Effective January 1, 2004.)
  59. 5019.53.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    State parks must be managed to preserve natural, scenic, and cultural values, and improvements in parks are limited to uses that support public enjoyment, education, or recreation without major land, forest, or water modification.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.53. State parks consist of relatively spacious areas of outstanding scenic or natural character, oftentimes also containing significant historical, archaeological, ecological, geological, or other similar values. The purpose of state parks shall be to preserve outstanding natural, scenic, and cultural values, indigenous aquatic and terrestrial fauna and flora, and the most significant examples of ecological regions of California, such as the Sierra Nevada, northeast volcanic, great valley, coastal strip, Klamath-Siskiyou Mountains, southwest mountains and valleys, redwoods, foothills and low coastal mountains, and desert and desert mountains. Each state park shall be managed as a composite whole in order to restore, protect, and maintain its native environmental complexes to the extent compatible with the primary purpose for which the park was established. Improvements undertaken within state parks shall be for the purpose of making the areas available for public enjoyment and education in a manner consistent with the preservation of natural, scenic, cultural, and ecological values for present and future generations. Improvements may be undertaken to provide for recreational activities including, but not limited to, camping, picnicking, sightseeing, nature study, hiking, and horseback riding, so long as those improvements involve no major modification of lands, forests, or waters. Improvements that do not directly enhance the public’s enjoyment of the natural, scenic, cultural, or ecological values of the resource, which are attractions in themselves, or which are otherwise available to the public within a reasonable distance outside the park, shall not be undertaken within state parks. State parks may be established in the terrestrial or nonmarine aquatic (lake or stream) environments of the state. (Amended by Stats. 2000, Ch. 385, Sec. 14. Effective January 1, 2001.)
  60. 5019.56.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    This section classifies state recreation units and says the commission must name them. It also limits certain improvements in state recreation areas and allows recreational improvements, subject to the stated exceptions and location rules.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.56. State recreation units consist of areas selected, developed, and operated to provide outdoor recreational opportunities. The units shall be designated by the commission by naming, in accordance with Article 1 (commencing with Section 5001) and this article relating to classification. In the planning of improvements to be undertaken within state recreation units, consideration shall be given to compatibility of design with the surrounding scenic and environmental characteristics. State recreation units may be established in the terrestrial or nonmarine aquatic (lake or stream) environments of the state and shall be further classified as one of the following types: (a) State recreation areas, consisting of areas selected and developed to provide multiple recreational opportunities to meet other than purely local needs. The areas shall be selected for their having terrain capable of withstanding extensive human impact and for their proximity to large population centers, major routes of travel, or proven recreational resources such as manmade or natural bodies of water. Areas containing ecological, geological, scenic, or cultural resources of significant value shall be preserved within state wildernesses, state reserves, state parks, or natural or cultural preserves, or, for those areas situated seaward of the mean high tide line, shall be designated state marine reserves, state marine parks, state marine conservation areas, or state marine cultural preservation areas. Improvements may be undertaken to provide for recreational activities, including, but not limited to, camping, picnicking, swimming, hiking, bicycling, horseback riding, boating, waterskiing, diving, winter sports, fishing, and hunting. Improvements to provide for urban or indoor formalized recreational activities shall not be undertaken within state recreation areas. (b) Underwater recreation areas, consisting of areas in the nonmarine aquatic (lake or stream) environment selected and developed to provide surface and subsurface water-oriented recreational opportunities, while preserving basic resource values for present and future generations. (c) State beaches, consisting of areas with frontage on the ocean, or bays designed to provide swimming, boating, fishing, and other beach-oriented recreational activities. Coastal areas containing ecological, geological, scenic, or cultural resources of significant value shall be preserved within state wildernesses, state reserves, state parks, or natural or cultural preserves, or, for those areas situated seaward of the mean high tide line, shall be designated state marine reserves, state marine parks, state marine conservation areas, or state marine cultural preservation areas. (d) Wayside campgrounds, consisting of relatively small areas suitable for overnight camping and offering convenient access to major highways. (Amended by Stats. 2003, Ch. 610, Sec. 19. Effective January 1, 2004.)
  61. 5019.59.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    Historical units must be named to reflect their main historical theme, and certain activities or land uses may be allowed only with commission approval and authenticity-based 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.59. Historical units, to be named appropriately and individually, consist of nonmarine areas established primarily to preserve objects of historical, archaeological, and scientific interest, and archaeological sites and places commemorating important persons or historic events. The areas should be of sufficient size, where possible, to encompass a significant proportion of the landscape associated with the historical objects. The only facilities that may be provided are those required for the safety, comfort, and enjoyment of the visitors, such as access, parking, water, sanitation, interpretation, and picnicking. Upon approval by the commission, lands outside the primary historic zone may be selected or acquired, developed, or operated to provide camping facilities within appropriate historical units. Upon approval by the State Park and Recreation Commission, an area outside the primary historic zone may be designated as a recreation zone to provide limited recreational opportunities that will supplement the public’s enjoyment of the unit. Certain agricultural, mercantile, or other commercial activities may be permitted if those activities are a part of the history of the individual unit and any developments retain or restore historical authenticity. Historical units shall be named to perpetuate the primary historical theme of the individual units. (Amended by Stats. 2000, Ch. 385, Sec. 16. Effective January 1, 2001.)
  62. 5019.62.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    State seashores are coastal areas with specified scenic or natural values, and improvements there must support public enjoyment, recreation, or education without harming those values.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.62. State seashores consist of relatively spacious coastline areas with frontage on the ocean, or on bays open to the ocean, including water areas landward of the mean high tide line and seasonally connected to the ocean, possessing outstanding scenic or natural character and significant recreational, historical, archaeological, or geological values. The purpose of state seashores shall be to preserve outstanding natural, scenic, cultural, ecological, and recreational values of the California coastline as an ecological region and to make possible the enjoyment of coastline and related recreational activities which are consistent with the preservation of the principal values and which contribute to the public enjoyment, appreciation, and understanding of those values. Improvements undertaken within state seashores shall be for the purpose of making the areas available for public enjoyment, recreation, and education in a manner consistent with the perpetuation of their natural, scenic, cultural, ecological, and recreational value. Improvements which do not directly enhance the public enjoyment of the natural, scenic, cultural, ecological, or recreational values of the seashore, or which are attractions in themselves, shall not be undertaken. (Amended by Stats. 2000, Ch. 385, Sec. 17. Effective January 1, 2001.)
  63. 5019.65.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    State reserves are classified as natural reserves or cultural reserves, with special rules limiting disturbance, allowing certain improvements, and permitting some ceremonial or spiritual use in cultural reserves.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.65. State reserves consist of areas embracing outstanding natural or scenic characteristics or areas containing outstanding cultural resources of statewide significance. State reserve units may be established in the terrestrial or nonmarine aquatic (lake or stream) environments of the state and shall be further classified as one of the following types: (a) State natural reserves, consisting of areas selected and managed for the purpose of preserving their native ecological associations, unique faunal or floral characteristics, geological features, and scenic qualities in a condition of undisturbed integrity. Resource manipulation shall be restricted to the minimum required to negate the deleterious influence of man. Improvements undertaken shall be for the purpose of making the areas available, on a day use basis, for public enjoyment and education in a manner consistent with the preservation of their natural features. Living and nonliving resources contained within state natural reserves shall not be disturbed or removed for other than scientific or management purposes. (b) State cultural reserves, consisting of areas selected and managed for the purpose of preserving and protecting the integrity of places that contain historic or prehistoric structures, villages, or settlements, archaeological features, ruins, artifacts, inscriptions made by humans, burial grounds, landscapes, hunting or gathering sites, or similar evidence of past human lives or cultures. These areas may also be places of spiritual significance to California Native Americans. Within state cultural reserves, the highest level of resource protection shall be sought. Improvements may be undertaken for the purpose of providing public access, enjoyment, and education, and for cultural resource protection. Improvements made for the purpose of cultural resource protection shall take into account the possible need for access to the site for ceremonial or spiritual purposes. Living and nonliving resources contained within state cultural reserves may be used for ceremonial or spiritual purposes, consistent with other laws, and if the use is not harmful to threatened or endangered species or to the cultural resources intended for protection by this designation. Management actions shall be consistent with the preservation of cultural resources and with federal and state laws. (Amended by Stats. 2003, Ch. 517, Sec. 2. Effective January 1, 2004.)
  64. 5019.68.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    This section defines what counts as a state wilderness and sets basic characteristics and size criteria.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.68. State wildernesses, in contrast with those areas where man and his own works dominate the landscape, are hereby recognized as areas where the earth and its community of life are untrammeled by man and where man himself is a visitor who does not remain. A state wilderness is further defined to mean an area of relatively undeveloped state-owned or leased land which has retained its primeval character and influence or has been substantially restored to a near-natural appearance, without permanent improvements or human habitation, other than semi-improved campgrounds, or structures which existed at the time of classification of the area as a state wilderness and which the State Park and Recreation Commission has determined may be maintained and used in a manner compatible with the preservation of the wilderness environment, or primitive latrines, which is protected and managed so as to preserve its natural conditions, and which: (a) Appears generally to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable. (b) Has outstanding opportunities for solitude or a primitive and unconfined type of recreation. (c) Consists of at least 5,000 acres of land, either by itself or in combination with contiguous areas possessing wilderness characteristics, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition. (d) May also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. State wildernesses may be established within the boundaries of other state park system units. (Amended by Stats. 1980, Ch. 1234, Sec. 3. Effective September 29, 1980.)
  65. 5019.71.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    Natural preserves are nonmarine areas within other state park system units that must be set aside to protect specified natural features and provide space for ecological processes.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.71. Natural preserves consist of distinct nonmarine areas of outstanding natural or scientific significance established within the boundaries of other state park system units. The purpose of natural preserves shall be to preserve such features as rare or endangered plant and animal species and their supporting ecosystems, representative examples of plant or animal communities existing in California prior to the impact of civilization, geological features illustrative of geological processes, significant fossil occurrences or geological features of cultural or economic interest, or topographic features illustrative of representative or unique biogeographical patterns. Areas set aside as natural preserves shall be of sufficient size to allow, where possible, the natural dynamics of ecological interaction to continue without interference, and to provide, in all cases, a practicable management unit. Habitat manipulation shall be permitted only in those areas found by scientific analysis to require manipulation to preserve the species or associations that constitute the basis for the establishment of the natural preserve. (Amended by Stats. 2000, Ch. 385, Sec. 19. Effective January 1, 2001.)
  66. 5019.74.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    Cultural preserves are nonmarine areas set aside to protect cultural features, and they must be large enough for effective protection, management, and interpretation.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.74. Cultural preserves consist of distinct nonmarine areas of outstanding cultural interest established within the boundaries of other state park system units for the purpose of protecting such features as sites, buildings, or zones which represent significant places or events in the flow of human experience in California. Areas set aside as cultural preserves shall be large enough to provide for the effective protection of the prime cultural resources from potentially damaging influences, and to permit the effective management and interpretation of the resources. Within cultural preserves, complete integrity of the cultural resources shall be sought, and no structures or improvements that conflict with that integrity shall be permitted. (Amended by Stats. 2000, Ch. 385, Sec. 20. Effective January 1, 2001.)
  67. 5019.80.

    ## 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. )

    Verify source ↗

    This section adopts a marine areas classification system and requires certain proposals and older unclassified marine or estuarine areas to follow that 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 1.7. Classification of Units of the State Park System [5019.50 - 5019.80] ( Article 1.7 added by Stats. 1978, Ch. 615. ) ## 5019.80. (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27) establishes a uniform classification system for state marine managed areas and is incorporated herein by reference. Any proposals for marine managed areas made after January 1, 2002, shall follow the guidelines set forth in that act. Pursuant to Section 36750, existing marine or estuarine areas within units of the state park system that have not been reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code) on January 1, 2002, shall be reclassified by the State Interagency Coordinating Committee into one of the following classifications: (1) State marine reserve. (2) State marine park. (3) State marine conservation area. (4) State marine cultural preservation area. (5) State marine recreational management area. (b) The process for establishing, deleting, or modifying state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas shall be established pursuant to that act. The restrictions and allowable uses applicable to those areas are as set forth in that act. (Amended by Stats. 2003, Ch. 610, Sec. 20. Effective January 1, 2004.)
  68. 5019.90.

    ## 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 1.8. California State Park Stewardship Act of 2012 [5019.90 - 5019.92] ( Article 1.8 added by Stats. 2012, Ch. 533, Sec. 1. )

    Verify source ↗

    This section gives the article a short title: the California State Park Stewardship Act of 2012.

    ## 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 1.8. California State Park Stewardship Act of 2012 [5019.90 - 5019.92] ( Article 1.8 added by Stats. 2012, Ch. 533, Sec. 1. ) ## 5019.90. This article shall be known, and may be cited, as the California State Park Stewardship Act of 2012. (Added by Stats. 2012, Ch. 533, Sec. 1. (AB 1589) Effective January 1, 2013.)
  69. 5019.91.

    ## 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 1.8. California State Park Stewardship Act of 2012 [5019.90 - 5019.92] ( Article 1.8 added by Stats. 2012, Ch. 533, Sec. 1. )

    Verify source ↗

    The Legislature states findings about California state parks and says policy should support long-term funding, maintenance, public access, and fewer closures.

    ## 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 1.8. California State Park Stewardship Act of 2012 [5019.90 - 5019.92] ( Article 1.8 added by Stats. 2012, Ch. 533, Sec. 1. ) ## 5019.91. The Legislature finds and declares all of the following: (a) California’s state parks are an essential part of California’s unique heritage, and protect important natural, cultural, and historical resources of great value to all Californians. (b) The mission of the California State Park system is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. State parks are set aside to protect their natural, historical, cultural, and recreational values in perpetuity for the people of the state. (c) California state parks are vital to the quality of life in California and are a major draw for tourism in the state, generating billions of dollars in annual economic activity in communities near state parks and in park-related expenditures. The economic activity generated by state parks helps sustain small businesses and jobs in local communities near state parks and generates significant tax revenue for the state. (d) The budget for state parks has not kept pace with population growth and growing demand. The annual budget for state parks has been significantly below the amount necessary to maintain state parks in their current condition. State General Fund revenue for state parks declined by over 37 percent between fiscal years 2007–08 and 2012–13, inclusive. The ongoing shortfall has resulted in a deferred maintenance backlog of over one billion three hundred million dollars ($1,300,000,000) by 2010, inadequate staff to protect park resources and maintain public access and safety, and partial closures of many state parks. The state park system cannot sustain further cuts in funding and remain viable. (e) After additional budget cuts were proposed by the Governor and approved by the Legislature in the 2011–12 fiscal year, the Governor’s administration announced its intent to close up to 70 state parks by July 2012. (f) It is imperative that the state commit to a long-term goal of adequately and sustainably funding and maintaining California’s state park system to protect these irreplaceable resources and to preserve California’s legacy for the benefit of all Californians. To this end, it is necessary that the state identify new revenue strategies that will move the state toward that goal, and affirm a state policy that park closures are to occur only as a last resort, and only after all reasonable alternatives have been pursued. (g) To fully realize the potential of nonprofit, philanthropic, and other public and nongovernmental partnerships that can help sustain a world class state park system in California, it is imperative that the Legislature and the Governor ensure an adequate level of state funding for state parks is maintained in the future and that new revenues received from private sector donors are used to supplement, and not to supplant, existing state funding. (h) It is therefore the policy of the Legislature that a master plan for state parks be formed that will do all of the following: (1) Ensure long-term adequate funding and maintenance of California’s state park system by, among other things, ensuring accurate and transparent accounting and disclosure of all state special funds available for support of state parks, identifying new revenues and fundraising strategies to sustain state parks, and ensuring that those new sources are not used to supplant existing state support for state parks or to justify further reductions in General Fund support that would leave the park system unsustainable. (2) Ensure that any new revenues received from private donors for the support of state parks are used to supplement, and not to supplant, existing state funding for state parks and are used only for the purposes for which they are given. (3) Ensure greater efficiency in the management of state parks, including enhancing the collection of existing fees and other revenue generating potential at state parks, while maintaining public access for all Californians. (4) Minimize the number of parks subject to closure in future years and encourage creative partnerships to assist the state with park operations and management. (i) It is further the policy of the Legislature to promote formation of a multidisciplinary advisory council, including, but not limited to, members of the public, persons with park management expertise, representatives of nonprofit park organizations, and representatives of the private philanthropic community, to conduct an independent assessment and make recommendations to the Legislature and the Governor on future management, planning, and funding proposals that will ensure the long-term sustainability of the state park system. (Added by Stats. 2012, Ch. 533, Sec. 1. (AB 1589) Effective January 1, 2013.)
  70. 5019.92.

    ## 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 1.8. California State Park Stewardship Act of 2012 [5019.90 - 5019.92] ( Article 1.8 added by Stats. 2012, Ch. 533, Sec. 1. )

    Verify source ↗

    The department must develop a prioritized plan to increase state park revenues and user-fee collection, and report it to the Legislature and Governor by July 1, 2013.

    ## 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 1.8. California State Park Stewardship Act of 2012 [5019.90 - 5019.92] ( Article 1.8 added by Stats. 2012, Ch. 533, Sec. 1. ) ## 5019.92. (a) The department shall develop a prioritized action plan to increase revenues and collection of user fees at state parks. The plan shall include strategies for generating new revenues and fee collection methodologies at state parks and may include, but is not necessarily limited to, all of the following: (1) Installation of modern fee collection technologies and equipment at state parks such as kiosks that accept credit cards and automatic entrance gates, where appropriate. (2) Implementation of peak demand pricing at popular campgrounds and other high-demand park facilities. (3) Assessment of appropriate fees at all state park units. (4) Offering of additional mission-appropriate fee-for-service amenities with revenue generating potential at select parks where consistent with park unit general plans. Those amenities may include, but are not limited to, installation of additional recreational vehicle spaces to expand campground capacity at heavily used parks where natural resource needs and space availability allow, installation of upgraded overnight options such as cabins, where feasible, and rental of park facilities for special events. (5) Promotion and marketing of an “adopt a park” or systemwide state park sponsorship program to encourage private donations in support of state parks, with appropriate recognition to be given to donors consistent with state park policies and mission. (6) Design, promotion, and marketing of a new state park annual access pass system with incentives to encourage increased voluntary purchases of state park access passes, including, but not necessarily limited to, all of the following: (A) Offering of different regional and seasonal options for annual passes. (B) Providing multiple opportunities for the purchase of annual passes, including at state park entrances and through partnerships with retail outlets, and on state tax returns. (C) Offering of incentives such as free midweek off-peak season camping passes with the purchase of an annual pass if purchased during the first three months of the year. (D) Offering of opportunities for purchasers to make a voluntary additional contribution that would be dedicated to support of a particular category of state parks, such as the state’s iconic redwood parks and historical parks that require funding over and above that generated by user fees to sustain the parks in good condition. (b) The department shall report to the Legislature and the Governor on the prioritized action plan required to be developed pursuant to subdivision (a) by July 1, 2013. (Added by Stats. 2012, Ch. 533, Sec. 1. (AB 1589) Effective January 1, 2013.)
  71. 5020.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The Historical Landmarks Advisory Committee continues as the State Historical Resources Commission, and legal references to the old committee are treated as references to the 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020. The Historical Landmarks Advisory Committee is continued in existence as the State Historical Resources Commission. Any reference in any law to the Historical Landmarks Advisory Committee shall be deemed to refer to the State Historical Resources Commission. (Repealed and added by Stats. 1974, Ch. 1156.)
  72. 5020.1.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    This section defines key historic preservation terms used in the article.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.1. As used in this article: (a) “California Register” means the California Register of Historical Resources. (b) “Certified local government” means a local government that has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended, pursuant to Section 101 (c) of that act and the regulations adopted under the act which are set forth in Part 61 (commencing with Section 61.1) of Title 36 of the Code of Federal Regulations. (c) “Commission” means the State Historical Resources Commission. (d) “Department” means the Department of Parks and Recreation. (e) “Director” means the Director of Parks and Recreation. (f) “DPR Form 523” means the Department of Parks and Recreation Historic Resources Inventory Form. (g) “Folklife” means traditional expressive culture shared within familial, ethnic, occupational, or regional groups and includes, but is not limited to, technical skill, language, music, oral history, ritual, pageantry, and handicraft traditions which are learned orally, by imitation, or in performance, and are generally maintained without benefit of formal instruction or institutional direction. However, “folklife” does not include an area or a site solely on the basis that those activities took place in that area or on that site. (h) “Historic district” means a definable unified geographic entity that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. (i) “Historical landmark” means any historical resource which is registered as a state historical landmark pursuant to Section 5021. (j) “Historical resource” includes, but is not limited to, any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. (k) “Local register of historical resources” means a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution. (l) “National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture as authorized by the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.). (m) “Office” means the State Office of Historic Preservation. (n) “Officer” means the State Historic Preservation Officer. (o) “Point of historical interest” means any historical resource which is registered as a point of historical interest pursuant to Section 5021. (p) “State Historic Resources Inventory” means the compilation of all identified, evaluated, and determined historical resources maintained by the office and specifically those resources evaluated in historical resource surveys conducted in accordance with criteria established by the office, formally determined eligible for, or listed in, the National Register of Historic Places, or designated as historical landmarks or points of historical interest. (q) “Substantial adverse change” means demolition, destruction, relocation, or alteration such that the significance of an historical resource would be impaired. (Amended by Stats. 1992, Ch. 1075, Sec. 1. Effective January 1, 1993.)
  73. 5020.2.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The commission has nine members, the director must submit candidate names to the Governor for vacant seats, and members serve four-year terms.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.2. (a) The commission consists of nine members appointed by the Governor. The director, in consultation with the State Historic Preservation Officer, shall submit to the Governor a list of persons to be considered for vacant positions on the commission. (b) (1) Five members shall be recognized professionals in one of each of the following disciplines: history, prehistoric archaeology, historic archaeology, architectural history, and architecture. However, one individual may represent both disciplines of architecture and architectural history and one individual may represent both disciplines of prehistoric archaeology and historic archaeology. (2) One member shall be knowledgeable in ethnic history. (3) One member shall be knowledgeable in folklife. (4) Two members shall represent the public or possess expertise in fields of expertise the Governor deems necessary or desirable to enable the commission to carry out its responsibilities. (c) Members shall hold office for a term of four years. (d) Members of the commission on January 1, 1985, shall not be disqualified from serving the remainder of their existing term by reason of the requirements of subdivision (b). However, appointments made to the commission on and after January 1, 1985, shall be made so that the requirements of paragraph (1) of subdivision (b) are satisfied at the earliest possible time. (Amended by Stats. 1984, Ch. 1289, Sec. 2.)
  74. 5020.3.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The commission must meet at least four times a year, choose a chairperson and vice chairperson annually, and may pay members a daily salary and reimburse actual and necessary expenses.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.3. (a) The commission shall meet at least four times per year in places it deems necessary to fulfill its responsibilities. Five members of the commission constitute a quorum. (b) The commission shall elect annually from its members a chairperson and vice chairperson. (c) The members of the commission may receive a salary for their services in an amount of fifty dollars ($50) for each day, up to a maximum salary of one hundred dollars ($100) per month. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties. Notwithstanding any other provision of law, any member of the commission who is also a member of, and is entitled to receive the benefits from, the Legislators’ Retirement System may elect to forego the compensation provided by this section and, if the compensation is foregone, the member shall not have his or her retirement benefits reduced and shall not be required to be reinstated into the retirement system. (Amended by Stats. 1985, Ch. 942, Sec. 3.)
  75. 5020.4.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The commission must carry out a long list of historical-resources duties, including reviewing register applications, keeping records, setting criteria and guidelines, updating the statewide plan, and reporting annually.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.4. (a) The commission shall do all of the following: (1) Receive and evaluate applications for, and make recommendations with respect to entries on, the National Register of Historic Places to the officer. (2) Conduct a statewide inventory and maintain comprehensive records of historical resources pursuant to federal and state law, including, but not limited to, historical landmarks and points of historical interest. (3) Establish criteria for the recording and preservation of historical resources, and for deletions from historical registers warranted by destruction or damage of a historical resource or other change in conditions. (4) Develop and adopt criteria for the rehabilitation of historic structures. (5) Establish policies and guidelines in compliance with state and federal requirements for a comprehensive statewide historical resources plan which includes, but is not limited to, architecture, history, archaeology, and folklife. (6) Develop and update annually, based upon public hearings and active public participation, the statewide historical resources plan. (7) Make recommendations to the department, based upon the statewide historical resources plan, including the listing of historical resource projects on a priority basis. (8) Oversee the administration of the California Register, receive and evaluate nominations to, and cause qualified resources to be listed in, the California Register, and adopt, as necessary, timely revisions of the California Register criteria and procedures as may be advisable. (9) Recommend to the department the criteria and standards for acceptance of historical buildings, structures, sites, or places for registration as historical landmarks or points of historical interest. (10) Receive and evaluate applications for registration of structures, sites, or places as historical landmarks or points of historical interest. The commission shall select and designate historical landmarks and points of historical interest that it determines meet the criteria in subdivision (a) of Section 5031. The commission shall maintain a register which identifies historical landmarks and points of historical interest by number and description. (11) Make recommendations to the office with respect to a standard design and detail for the marker or plaque which may be erected or raised at registered historical landmarks or historical resources, and with respect to the use of the marker or plaque. The commission shall consult with cities and counties in developing design and placement standards. These standards shall not prevent a city or county from implementing its own standards if they meet the minimum criteria established by the commission. (12) Recommend to the department the type of directional sign to be erected in connection with the registration of a point of historical interest. The commission shall consult with cities and counties in developing design and placement standards. These standards shall not prevent a city or county from implementing its own standards if they meet the minimum criteria established by the commission. (13) Submit an annual report in January to the director and the Legislature giving an account of its activities, identifying unattained goals of historical resources plans and programs, and recommending needed legislation for the support of those programs. The director shall advise the commission of new and continuing plans, policy, and programs concerning statewide historical resources and shall receive and consider the views of the commission. (14) Consult with, and consider the recommendation of, public agencies, civic groups, and citizens interested in historic preservation. (15) Develop criteria and procedures based upon public hearings and active public participation for the selection of projects to be funded through the National Historic Preservation Fund, the California Heritage Fund, and other federal and state programs that have as their primary purpose the preservation and enhancement of historical resources. (16) Prepare, or cause to be prepared, and recommend to the director, a budget with respect to those duties and responsibilities of the commission contained in this section. (b) The commission may adopt guidelines for the review of applications for excavation and salvage permits submitted pursuant to Section 6313 and make recommendations thereon to the State Lands Commission. (Amended by Stats. 1993, Ch. 749, Sec. 1. Effective January 1, 1994.)
  76. 5020.5.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The commission must develop criteria, methods, and guidelines relating to archaeological sites and specimens.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.5. (a) The commission shall develop criteria and methods for determining the significance of archaeological sites, for selecting the most important archaeological sites, and for determining whether the most significant archaeological sites should be preserved intact or excavated and interpreted. (b) The commission shall develop guidelines for the reasonable and feasible collection, storage, and display of archaeological specimens. (Added by Stats. 1975, Ch. 859.)
  77. 5020.6.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The Governor appoints the State Historic Preservation Officer, and the director must submit a candidate list to the Governor after consulting the 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.6. (a) The Governor shall appoint the State Historic Preservation Officer. The director, in consultation with the commission, shall submit to the Governor a list of persons to be considered for the position. The person appointed shall be knowledgeable about historical resources. (b) The officer shall serve as the executive secretary of the commission and shall be the chief administrative officer of the Office of Historic Preservation in the department. (c) The officer shall have no responsibilities other than those provided by statute, executive order, and regulation, as well as any other duties the director assigns for the preservation and enhancement of the state’s historical resources. (d) The officer, or the officer’s alternate, shall serve as an ex officio member of the Historic State Capitol Commission. (Amended by Stats. 1986, Ch. 876, Sec. 2.)
  78. 5020.7.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    Public agencies, including the commission and the office, should carry out their responsibilities in a way that encourages cooperation and public support for preserving historical 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5020.7. The Legislature recognizes that the long-term preservation and enhancement of historical resources is dependent, to a large extent, on the good will and cooperation of the general public and of the public and private owners of those resources. Therefore, it is the intent of the Legislature that public agencies, including the commission and the office, shall endeavor to carry out their responsibilities under this article in a manner designed to elicit the cooperation of the owners of both identified and unidentified resources, to encourage the owners to perceive these resources as assets rather than liabilities, and to encourage the support of the general public for the preservation and enhancement of historical resources. (Added by Stats. 1992, Ch. 1075, Sec. 3. Effective January 1, 1993.)
  79. 5021.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The department must review registration recommendations and register qualifying places as historical landmarks or points of historical interest; the commission must keep a register.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5021. The department shall consider all recommendations for registration made by the commission, and shall register, as state historical landmarks, those buildings, structures, sites, or places which the department deems to be important historical resources and shall register, as points of historical interest, those buildings, structures, sites, or places which the department deems to be historical resources of sufficient historical interest to qualify for the placement of signs pursuant to Section 5022.5. The commission shall maintain a register which shall identify by number and description such historical landmarks and points of historical interest. The department may publish results of office and field archaeological investigation annually and shall issue additional publications, such as detailed site reports and area resource reports, as necessary, to inform the public and educational institutions. (Amended by Stats. 1974, Ch. 1156.)
  80. 5022.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The department may work with public or private agencies to provide plaques, markers, and directional signs at or near registered historical landmarks and points of historical interest.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5022. The department may contract with or cooperate with public or private agencies for suitable plaques, markers, and directional signs at the site of, or on the approaches to, registered historical landmarks or points of historical interest, including signs on highways and roads. (Amended by Stats. 1974, Ch. 1156.)
  81. 5022.5.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    This section creates two kinds of historical places and requires the appropriate public authority to erect and maintain signs for points of historical interest, unless parking is unavailable or the sign would create a traffic hazard or disrupt traffic flow.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5022.5. There shall be two categories of places of historical significance: the registered historical landmark and the registered point of historical interest. The location of the point of historical interest shall be designated by a sign indicating “Point of Historical Interest” with an appropriate direction, which sign shall be erected and maintained by the Department of Transportation, as to state highways, or the county authorities or city authorities, as to streets or highways under their jurisdictions. A local historical group or organization may raise a marker or plaque at a registered point of historical interest. Nothing herein shall require the signing of such points where parking is not available or where such signing would cause a traffic safety hazard or would interfere with the normal flow of traffic. (Amended by Stats. 1974, Ch. 545.)
  82. 5022.6.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The department must set standard designs for historical landmark markers and plaques, and it must regulate their use by rule. Misusing reproductions or facsimiles of those standards can be a misdemeanor.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5022.6. The department shall adopt standard design and detail for the marker and for the plaque which may be erected or raised at registered historical landmarks. The use of such marker or plaque shall be prescribed by rule adopted by the department. Any person who maliciously or for commercial purposes, or contrary to such rule, uses or allows to be used any reproduction or facsimile of such standard marker or plaque in any manner whatsoever is guilty of a misdemeanor. (Added by Stats. 1973, Ch. 791.)
  83. 5023.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The Department of Transportation, county authorities, and city authorities must keep certain historical markers and monuments in repair and free of vegetation that could obscure 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5023. (a) It shall be the duty of the Department of Transportation to keep in repair all objects or markers adjacent to a state highway which have been erected to mark registered historical places and to keep such monuments or markers free from vegetation which may obscure them from view. (b) It shall be the duty of the county authorities, in charge of county highways, and all city authorities, with respect to streets and highways under their respective jurisdictions, to keep in repair or cause to be kept in repair all objects or markers adjacent to a public highway which have been erected to mark registered historical places and to keep such markers and monuments free from all vegetation which may obscure them from view. (c) It shall be the duty of the department to keep in repair or cause to be kept in repair all objects, markers and monuments designating any registered historical places in respect to which no obligation in respect thereto is imposed on other governmental agencies by this section, and the department shall keep such markers and monuments free from all vegetation which may obscure them from view. (Amended by Stats. 1974, Ch. 545.)
  84. 5024.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    State agencies must make preservation policies, inventory certain older state-owned structures and historical resources, and send inventories and project documentation to the State Historic Preservation Officer.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5024. (a) On or before January 1, 1982, each state agency shall formulate policies to preserve and maintain, when prudent and feasible, all state-owned historical resources under its jurisdiction listed in or potentially eligible for inclusion in the National Register of Historic Places or registered or eligible for registration as a state historical landmark pursuant to Section 5021. The State Historic Preservation Officer shall provide such agencies with advice and assistance as needed. (b) On or before July 1, 1983, each state agency shall submit to the State Historic Preservation Officer an inventory of all state-owned structures over 50 years of age under its jurisdiction listed in or which may be eligible for inclusion in the National Register of Historic Places or registered or which may be eligible for registration as a state historical landmark. State-owned structures in freeway rights-of-way shall be inventoried before approval of any undertaking which would alter their original or significant features or fabric, or transfer, relocate or demolish those structures. (c) The State Historic Preservation Officer, with the advice of the State Historical Resources Commission, shall establish standards, after consultation with agencies to be affected, for the submittal of inventories and development of policies for the review of historical resources identified pursuant to this section. These review procedures shall permit the State Historic Preservation Officer to determine which historical resources identified in inventories meet National Register of Historic Places and state historical landmark criteria and shall be placed in the master list of historical resources. (d) The State Historic Preservation Officer shall maintain a master list comprised of all inventoried structures submitted and determined significant pursuant to this section and all state-owned historical resources currently listed in the National Register of Historic Places or registered as a state historical landmark under state agency jurisdiction. The State Historic Preservation Officer shall inform agencies with historical resources on the master list of current sources of funding for preservation activities, including rehabilitation and restoration. (e) On or before July 1, 1984, and annually thereafter, each state agency shall submit inventory updates to the State Historic Preservation Officer and a statement of its year’s preservation activities. (f) Each state agency shall submit to the State Historic Preservation Officer for comment documentation for any project having the potential to affect historical resources listed in or potentially eligible for inclusion in the National Register of Historic Places or registered as or eligible for registration as a state historical landmark. (g) As used in this section and Section 5024.5, “state agency” means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. (h) As used in this section and Section 5024.5, “structure” means an immovable work constructed by man having interrelated parts in a definite pattern of organization and used to shelter or promote a form of human activity and which constitutes an historical resource. (Added by Stats. 1980, Ch. 1101, Sec. 1.)
  85. 5024.1.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    California must maintain a California Register of Historical Resources, overseen by the commission, with rules for listing, notice, objections, and delisting.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5024.1. (a) A California Register of Historical Resources is hereby established. The California Register is an authoritative guide in California to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change. The commission shall oversee the administration of the California Register. (b) The California Register shall include historical resources determined by the commission, according to procedures adopted by the commission, to be significant and to meet the criteria in subdivision (c). (c) A resource may be listed as an historical resource in the California Register if it meets any of the following National Register of Historic Places criteria: (1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. (2) Is associated with the lives of persons important in our past. (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. (4) Has yielded, or may be likely to yield, information important in prehistory or history. (d) The California Register shall include the following: (1) California properties formally determined eligible for, or listed in, the National Register of Historic Places. (2) State Historical Landmark No. 770 and all consecutively numbered state historical landmarks following No. 770. For state historical landmarks preceding No. 770, the office shall review their eligibility for the California Register in accordance with procedures to be adopted by the commission. (3) Points of historical interest which have been reviewed by the office and recommended for listing by the commission for inclusion in the California Register in accordance with criteria adopted by the commission. (e) If nominated for listing in accordance with subdivision (f), and determined to be significant by the commission, the California Register may include the following: (1) Individual historical resources. (2) Historical resources contributing to the significance of an historic district under criteria adopted by the commission. (3) Historical resources identified as significant in historical resources surveys, if the survey meets the criteria listed in subdivision (g). (4) Historical resources and historic districts designated or listed as city or county landmarks or historic properties or districts pursuant to any city or county ordinance, if the criteria for designation or listing under the ordinance have been determined by the office to be consistent with California Register criteria adopted by the commission. (5) Local landmarks or historic properties designated under any municipal or county ordinance. (f) A resource may be nominated for listing as an historical resource in the California Register in accordance with nomination procedures adopted by the commission, subject to all of the following: (1) If the applicant is not the local government in whose jurisdiction the resource is located, a notice of nomination in the form prescribed by the commission shall first be submitted by the applicant to the clerk of the local government. The notice shall request the local government to join in the nomination, to provide comments on the nomination, or if the local government declines to join in the nomination or fails to act upon the notice of nomination within 90 days, the nomination may be submitted to the office and shall include any comments of the local government. (2) Prior to acting on the nomination of a survey, an individual resource, an historic district, or other resource to be added to the California Register, the commission shall notify property owners, the local government in which the resource is located, local agencies, other interested persons, and members of the general public of the nomination and provide not less than 60 calendar days for comment on the nomination. The commission shall consider those comments in determining whether to list the resource as an historical resource in the California Register. (3) If the local government objects to the nomination, the commission shall give full and careful consideration to the objection before acting upon the nomination. Where an objection has been raised, the commission shall adopt written findings to support its determination concerning the nomination. At a minimum, the findings shall identify the historical or cultural significance of the resource, and, if applicable, the overriding significance of the resource that has resulted in the resource being listed in the California Register over the objections of the local government. (4) If the owner of a private property or the majority of owners for an historic district or single property with multiple owners object to the nomination, the commission shall not list the property as an historical resource in the California Register until the objection is withdrawn. Objections shall be submitted to the commission by the owner of the private property in the form of a notarized statement certifying that the party is the sole or partial owner of the property, and that the party objects to the listing. (5) If private property cannot be presently listed in the California Register solely because of owner objection, the commission shall nevertheless designate the property as eligible for listing. (g) A resource identified as significant in an historical resource survey may be listed in the California Register if the survey meets all of the following criteria: (1) The survey has been or will be included in the State Historic Resources Inventory. (2) The survey and the survey documentation were prepared in accordance with office procedures and requirements. (3) The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523. (4) If the survey is five or more years old at the time of its nomination for inclusion in the California Register, the survey is updated to identify historical resources which have become eligible or ineligible due to changed circumstances or further documentation and those which have been demolished or altered in a manner that substantially diminishes the significance of the resource. (h) Upon listing an historical resource or determining that a property is an historical resource that is eligible for listing, in the California Register, the commission shall notify any owner of the historical resource and also the county and city in which the historical resource is located in accordance with procedures adopted by the commission. (i) The commission shall adopt procedures for the delisting of historical resources which become ineligible for listing in the California Register. (Added by Stats. 1992, Ch. 1075, Sec. 4. Effective January 1, 1993.)
  86. 5024.5.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    State agencies generally may not alter, move, transfer, relocate, or demolish listed historical resources without first giving notice to the officer, and they must take steps to avoid or reduce adverse effects.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5024.5. (a) No state agency shall alter the original or significant historical features or fabric, or transfer, relocate, or demolish historical resources on the master list maintained pursuant to subdivision (d) of Section 5024 without, early in the planning processes, first giving notice and a summary of the proposed action to the officer who shall have 30 days after receipt of the notice and summary for review and comment. (b) If the officer determines that a proposed action will have an adverse effect on a listed historical resource, the head of the state agency having jurisdiction over the historical resource and the officer shall adopt prudent and feasible measures that will eliminate or mitigate the adverse effects. The officer shall consult the State Historical Building Safety Board for advice when appropriate. (c) Each state agency shall maintain written documentation of the officer’s concurrence with proposed actions which would have an effect on an historical resource on the master list. (d) The officer shall report to the Office of Planning and Research for mediation instances of state agency refusal to propose, to consider, or to adopt prudent and feasible alternatives to eliminate or mitigate adverse effects on historical resources on the master list as specified in subdivision (f) of Section 5024. (e) The officer may monitor the implementation of proposed actions of any state agency. (f) Until such time as a structure is evaluated for possible inclusion in the inventory pursuant to subdivisions (b) and (c) of Section 5024, state agencies shall assure that any structure which might qualify for listing is not inadvertently transferred or unnecessarily altered. (g) The officer may provide local governments with information on methods to preserve their historical resources. (Amended by Stats. 1992, Ch. 1075, Sec. 5. Effective January 1, 1993.)
  87. 5024.6.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The State Office of Historic Preservation must carry out a list of preservation, education, review, and administration duties.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5024.6. There is in the department the State Office of Historic Preservation, which is under the direction of the officer. The office shall do all of the following: (a) Serve as the staff of the commission in carrying out its responsibilities, and as the staff of the officer in carrying out the responsibilities of that position. (b) Recommend properties of historical significance for nomination by the commission for the National Register of Historic Places, for registration as historical landmarks and points of historical interest, and for listing in the California Register. (c) Administer state and federal incentive programs for the preservation of historical resources, including the California Register. (d) Provide information on federal and state benefits for preservation projects and enhancement of historical resources. (e) Administer grant and loan programs to survey historical resources and assist the development and enhancement of these resources. (f) Assist other state agencies by providing information and education on the economic and social benefits of utilizing historical resources. (g) Provide public education and information on the preservation and enhancement of historical resources. (h) Provide information and technical assistance to local, state, and national organizations to promote preservation and enhancement of historical resources by developing model ordinances, financial mechanisms, educational programs, conferences, workshops, and other materials. (i) Cooperate with cultural and ethnic commissions, such as the Native American Heritage Commission, or other organizations or representatives when projects involve these groups’ concerns. (j) Review and comment on the impact on historical resources of publicly funded projects and programs undertaken by other governmental agencies. (k) Review applications for excavation and salvage permits for salvage in state waters. (l) Assist the State Lands Commission in administering Section 6313. (m) Administer the California Register in accordance with procedures adopted by the commission. (n) Administer and maintain the State Historic Resources Inventory in accordance with procedures developed by the office and adopted by the commission. (o) Administer the California Heritage Fund created pursuant to Section 5079.10. (p) Educate the public on the process required to nominate a resource for listing as a historical resource in the California Register pursuant to subdivision (f) of Section 5024.1, with particular emphasis on educating the public regarding nominating resources associated with the labor movement, the civil rights movement, and the state’s modern history by providing information in its quarterly newsletter or other appropriate publications, and on the State Office of Historic Preservation’s Internet Web site. (q) By January 1, 2015, identify publicly owned resources that may be appropriate for potential listing as historical resources, historical landmarks, or points of historical interest for their association with the labor movement, the civil rights movement, or the state’s modern history. The State Office of Historic Preservation shall report its findings to the commission. (r) For the purposes of this section, “modern history” means history on and after 1940. (Amended by Stats. 2013, Ch. 641, Sec. 2. (AB 34) Effective January 1, 2014.)
  88. 5025.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    This section designates the California City Museum and Restoration Facility as a state aviation museum and allows the department to provide nonfinancial assistance.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5025. (a) The Legislature hereby finds and declares that there is a need for state repositories dedicated to the preservation and restoration of historic artifacts relating to the science, art, and practice of aviation in this state and the nation. (b) The California City Museum and Restoration Facility is hereby designated a state aviation museum. (c) The department may extend technical assistance and other nonfinancial support to the California City Museum and Restoration Facility. The California City Museum and Restoration Facility shall reimburse the department for all costs incurred pursuant to this subdivision. (d) The California City Museum and Restoration Facility may serve as a repository for the purpose of collecting, preserving, restoring, and displaying artifacts and memorabilia of the significant role that the state has played in the development of aviation, and may also store and display national and international memorabilia of the aviation industry and its pioneers and practitioners. (e) Prior to the acceptance of any aircraft, any aircraft-related artifacts, tools, or supplies, or any other materials for display in the aviation museum, it is the intent of the Legislature that the California City Museum and Restoration Facility execute an agreement with any donor of those materials that provides for the disposition of the materials if the museum closes or otherwise becomes inaccessible to the public. (Added by Stats. 1994, Ch. 299, Sec. 2. Effective January 1, 1995.)
  89. 5025.11.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The department must certify the Fremont and Donner Party routes with the required advice, and it may certify and mark other historic routes in the state with advice of the 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5025.11. The department shall, with the advice of the Historical Landmarks Advisory Committee, or, as to certifications on or after January 1, 1975, with the advice of the commission, certify the route followed by Colonel John Charles Fremont and party from the Nevada state line through Mono, Inyo, Alpine, Amador, and El Dorado Counties to Sutter’s Fort in Sacramento County in the winter of 1843, and the Donner Party Trail, from the Nevada state line to the junction of Verdi Canyon to Alder Creek Camp of the Donner Party, thence to the Donner Monument at Donner Memorial State Park. The department may certify and mark, with the advice of the commission, other historic routes of travel within the state. (Amended by Stats. 1974, Ch. 1156.)
  90. 5025.12.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The department may place suitable markers along certified routes and at each intersection with a state highway or county road.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5025.12. The department is authorized to place suitable markers along these certified routes at intervals and at each intersection with a state highway or county road. (Amended by Stats. 1967, Ch. 304.)
  91. 5025.2.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The department must keep, or have kept, all markers of historical routes in repair.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5025.2. It shall be the duty of the department to keep in repair, or cause to be kept in repair, all markers of such historical routes. (Amended by Stats. 1959, Ch. 2164.)
  92. 5025.3.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The Governor’s Mansion is placed under department control and management, renamed the Old Governor’s Mansion State Historic Park, and the Director of General Services must transfer jurisdiction to the Department of Parks and Recreation, subject to commission 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5025.3. The Governor’s Mansion, located at 1526 H Street, Sacramento, shall be under the control and management of the department and shall be named the Old Governor’s Mansion State Historic Park, subject to the approval of the State Park and Recreation Commission. The Director of General Services shall transfer jurisdiction over the property and all its contents to the Department of Parks and Recreation, which shall administer the property as a unit of the state park system. (Amended by Stats. 1990, Ch. 1245, Sec. 1.)
  93. 5026.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    Before the commission evaluates and recommends on an application for the National Register of Historic Places, it must send the application to the appropriate city council or county board of supervisors for comment.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5026. Upon receipt of an application for an entry on the National Register of Historic Places and prior to making any evaluation and recommendation with respect to such application, the commission shall first submit the application to the appropriate city council or county board of supervisors for comment. The city council or county board of supervisors shall have 45 days from the date of receipt in which to transmit written comments to the commission. Each member of the commission shall be provided by staff with a copy of such comments not less than 15 days prior to the hearing on the application by the commission. (Added by Stats. 1979, Ch. 624.)
  94. 5027.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    Buildings or structures on the National Register that are transferred from state ownership to another public agency cannot be demolished, destroyed, or significantly altered unless the Legislature first approves by statute, except for restoration that preserves or enhances historical value.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5027. Any building or structure that is listed on the National Register of Historic Places and is transferred from state ownership to another public agency shall not be demolished, destroyed, or significantly altered, except for restoration to preserve or enhance its historical values, without the prior approval of the Legislature by statute. This section applies to any building or structure transferred from state ownership to another public agency after January 1, 1987. (Added by Stats. 1987, Ch. 1358, Sec. 2.3.)
  95. 5027.1.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The section approves demolition of the Transbay Terminal for a new terminal and requires affordable housing set-asides in any related redevelopment 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5027.1. (a) As required by Section 5027, the Legislature hereby approves demolition of the Transbay Terminal building at First and Mission Streets in the City and County of San Francisco, including its associated vehicle ramps, for construction of a new terminal at the same location, designed to serve Caltrain in addition to local, regional, and intercity buslines, and designed to accommodate high-speed passenger rail service. The Transbay Joint Powers Authority shall have primary jurisdiction with respect to all matters concerning the financing, design, development, construction, and operation of the new terminal. (b) Notwithstanding any other law, any redevelopment plan adopted to finance, in whole or in part, the demolition of the Transbay Terminal building and the construction of a new terminal, including its associated vehicle ramps, shall ensure that at least 25 percent of all dwelling units developed within the project area shall be available at affordable housing cost to, and occupied by, persons and families whose incomes do not exceed 60 percent of the area median income, and that at least an additional 10 percent of all dwelling units developed within the project area shall be available at affordable housing cost to, and occupied by, persons and families whose incomes do not exceed 120 percent of the area median income. The redevelopment agency shall ensure that dwelling units made affordable pursuant to this subdivision remain available at affordable housing cost to, and occupied by, persons and families of the respective income categories consistent with the time requirements contained in subdivision (f) of Section 33334.3 of, and subparagraph (C) of paragraph (2) of subdivision (b) of Section 33413 of, the Health and Safety Code. (Added by Stats. 2003, Ch. 99, Sec. 1. Effective January 1, 2004.)
  96. 5028.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    Local governments may ask the State Office of Historic Preservation to decide whether certain damaged historic structures may be demolished, destroyed, or significantly altered; the office must base its decision on listed factors and issue it within 30 days.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5028. (a) No structure that is listed on the National Register of Historic Places, on the California Register of Historic Places, or on any local public register of historic places, and that has been damaged due to a natural disaster, including, but not limited to, an earthquake, fire, or flood, may be demolished, destroyed, or significantly altered, except for restoration to preserve or enhance its historical values, unless the structure presents an imminent threat to the public of bodily harm or of damage to adjacent property, or unless the State Office of Historic Preservation determines, pursuant to subdivision (b), that the structure may be demolished, destroyed, or significantly altered. (b) Any local government may apply to the State Office of Historic Preservation for its determination as to whether a structure meeting the description set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the cost of rehabilitating or reconstructing the structure, the structure’s historical significance, and any other factor deemed by the State Office of Historic Preservation to be relevant. In making that determination, the State Office of Historic Preservation shall consider the recommendation made by a team selected by the State Office of Historic Preservation, composed of three residents with historic preservation expertise who reside in the affected county. The determination of the State Office of Historic Preservation shall be issued no later than 30 days after the structure was damaged, or 30 days after the receipt of the application, whichever occurred later. (Added by Stats. 1989, 1st Ex. Sess., Ch. 3, Sec. 6. Effective November 7, 1989.)
  97. 5029.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The commission or a local agency must record historical resources designation resolutions with the county recorder within 90 days, and the recorder must record and index 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5029. (a) The commission shall, within 90 days after the approval by the director of the issuance by the commission of an historical resources designation for an individual property, submit to the county recorder for recordation, and the county recorder shall record, a certified resolution establishing the historical resources designation. For historical resources designations approved prior to March 15, 1993, the commission may submit for recordation, and the county recorder shall record, a certified resolution of historical resources designation. (b) Any local agency, or unit thereof, shall, within 90 days of an historical resources designation by the local agency or unit for an individual property, submit to the county recorder for recordation, and the county recorder shall record, a certified resolution establishing the historical resources designation. For historical resources designations made prior to March 15, 1993, the local agency, or unit thereof, may submit for recordation, and the county recorder shall record, a certified resolution of historical resources designation. (c) The resolution shall include the name of the current property owner, the designating entity, the specific historical resources designation, and a legal description of the property. (d) The recorder shall index the recorded resolutions of the commission or local agency, or unit thereof, listing the respective agency as the “grantor” and the current owner as the “grantee” for that purpose. (e) For the purpose of this section, the term “historical resources designation” means the California Register of Historical Resources and any local historical resources designation resulting in restrictions on demolitions or alterations. (f) This section shall have no effect on the right, title, or interest in the property identified after March 15, 1993, which is acquired by a bona fide purchaser for value between the time of designation of the property as a historical resource and time that the designation is recorded unless the purchaser had actual knowledge of the designation. (g) This section shall have no effect upon the title to any property that is subject to this section. (Amended by Stats. 1994, Ch. 146, Sec. 173. Effective January 1, 1995.)
  98. 5029.5.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The Department of Transportation must deposit half of certain historic-property rental revenue into the Historic Property Maintenance Fund, and may use fund money for maintenance and operation costs if the Legislature appropriates 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5029.5. (a) Notwithstanding any other provision of law, fifty percent (50%) of the revenue collected by the Department of Transportation, in each fiscal year, from rental receipts from a federally designated historic property, or from property listed as a state historical resource pursuant to Section 5024, that is owned by the Department of Transportation and located in a freeway right-of-way corridor, less any amount transmitted in lieu of property tax to a city, county, or city and county, as required by law, shall be deposited in the Historic Property Maintenance Fund, which is hereby created in the Treasury. (b) Moneys in the fund may be expended by the Department of Transportation, upon appropriation by the Legislature, to pay for costs associated with the maintenance and operation of the historic property described in subdivision (a). Any moneys deposited into the fund are in addition to, and are not intended to supplant or replace, any existing funds that are currently available to any state agency for the operation and maintenance of historical resources. (Added by Stats. 1999, Ch. 759, Sec. 1. Effective January 1, 2000.)
  99. 5029.6.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    The land known as Nuestra Señora Reina de La Paz, including the home and burial site of Cesar Chavez, must be registered as a state historical landmark.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5029.6. Notwithstanding the nomination process established pursuant to Section 5021, the land known as Nuestra Señora Reina de La Paz, which includes the home and burial site of the late Cesar Chavez, shall be registered as a state historical landmark. (Added by Stats. 2013, Ch. 641, Sec. 3. (AB 34) Effective January 1, 2014.)
  100. 5029.7.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. )

    Verify source ↗

    This section makes two project-specific exemptions from applying Section 5024(f) and Section 5024.5 to specified San Quentin Rehabilitation Center projects.

    ## 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 2. Historical Resources [5020 - 5029.7] ( Heading of Article 2 amended by Stats. 1974, Ch. 1156. ) ## 5029.7. (a) Subdivision (f) of Section 5024 shall not apply to the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin Rehabilitation Center, San Quentin: Improvement Projects authorized in the 2023 Budget Act, or any actions or approvals related to those projects. (b) Section 5024.5 shall not apply to any actions related to the demolition, design, or construction of the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin Rehabilitation Center, San Quentin: Improvement Projects authorized in the 2023 Budget Act. (Added by Stats. 2023, Ch. 47, Sec. 26. (AB 134) Effective July 10, 2023.)
  101. 503.

    ## 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. )

    Verify source ↗

    The Department of Parks and Recreation takes over specified duties, powers, purposes, responsibilities, and jurisdiction from the Department of Natural Resources and its Director for the Beaches and Parks and Recreation division.

    ## 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. ) ## 503. The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Beaches and Parks and Recreation. Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility or jurisdiction transferred to the Department of Parks and Recreation by this section, it shall be deemed to be a reference to, and to mean, the Department of Parks and Recreation or to the Director of Parks and Recreation, as the case may be. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  102. 5031.

    ## 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 3. Qualified Historical Property [5031 - 5033] ( Article 3 added by Stats. 1972, Ch. 1442. )

    Verify source ↗

    This section defines “qualified historical property” and says certain landmark registrations may be approved only if the site meets the applicable criteria.

    ## 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 3. Qualified Historical Property [5031 - 5033] ( Article 3 added by Stats. 1972, Ch. 1442. ) ## 5031. “Qualified historical property” means privately owned property which is not exempt from property taxation, is visually accessible to the public, and which is: (a) All landmark registrations up to and including Register No. 769, which were approved without the benefit of criteria, shall be approved only if the landmark site conforms to the existing criteria as determined by the California Historical Landmarks Advisory Committee or as to approvals on or after January 1, 1975, by the State Historical Resources Commission. Any other registered California historical landmark under Article 2 (commencing with Section 5020) of this chapter, except points of historical interest, and which satisfies any of the following requirements: (1) The property is the first, last, only, or most significant historical property of its type in the region; (2) The property is associated with an individual or group having a profound influence on the history of California; or (3) The property is a prototype of, or an outstanding example of, a period, style, architectural movement, or construction, or if it is one of the more notable works, or the best surviving work, in a region of a pioneer architect, designer, or master builder; or (b) A property which is listed on the national register described in Section 470A of Title 16 of the United States Code; or (c) A property which is listed on a city or county register or inventory of historical or architecturally significant sites, places or landmarks, provided, that such property satisfies any of the requirements set forth in paragraph 1, 2 or 3 under subdivision (a). (Amended by Stats. 1977, Ch. 1040.)
  103. 5032.

    ## 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 3. Qualified Historical Property [5031 - 5033] ( Article 3 added by Stats. 1972, Ch. 1442. )

    Verify source ↗

    This section defines what counts as a qualified historical property and says a landmark’s registration can be withdrawn if a commercial enterprise harms the landmark’s integrity.

    ## 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 3. Qualified Historical Property [5031 - 5033] ( Article 3 added by Stats. 1972, Ch. 1442. ) ## 5032. (a) “Qualified historical property” pursuant to Section 5031 includes: (1) Individual sites having structures. (2) Façades or portions of entire sites. (3) Historic districts. (b) “Qualified historical property” does not include individual sites without structures. (c) Commercial operation in itself does not necessarily disqualify a landmark’s registration. However, should a commercial enterprise by its physical development plans, or its proximity, impact, excessive use, or management philosophy so dilute or erode the significance of or quality of the landmark’s integrity, then an adverse effect shall have occurred and its registration may be withdrawn. (Added by Stats. 1972, Ch. 1442.)
  104. 5033.

    ## 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 3. Qualified Historical Property [5031 - 5033] ( Article 3 added by Stats. 1972, Ch. 1442. )

    Verify source ↗

    The department must adopt rules and regulations on standards for qualifying as a historical 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 3. Qualified Historical Property [5031 - 5033] ( Article 3 added by Stats. 1972, Ch. 1442. ) ## 5033. The department shall adopt all rules and regulations relating to standards for qualifying as a historical property. In adopting such rules and regulations, the department shall consider all recommendations of the State Historical Resources Commission. (Amended by Stats. 1974, Ch. 1156.)
  105. 5038.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. )

    Verify source ↗

    This section sets state policy to preserve El Pueblo de Los Angeles as a historic and cultural resource and to protect its landmarks and buildings.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. ) ## 5038. (a) It is hereby declared to be the policy of the State of California to establish and preserve, as a unique historical and cultural resource for the people of the state, the Mexican and early California cultural and interpretive traditions and heritage of El Pueblo de Los Angeles, as well as to promote the restoration and preservation of the landmarks and buildings of the El Pueblo de Los Angeles State Historic Park. This policy is to be guided by the general plan for the park and implemented in accordance with the historical structures reports on the park approved by the state. (b) The Legislature recognizes that the existing concessionaires of Olvera Street have made historically significant contributions and that they represent a unique human and cultural resource as stipulated in the park’s general plan. Therefore, it is the purpose of this article to develop a procedure which takes into consideration the need for competition in granting concessions as well as the long-term contributions on the part of, and the benefits that may be received in the future by retaining, existing concessionaires. (Repealed and added by Stats. 1985, Ch. 1049, Sec. 2.)
  106. 5038.1.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. )

    Verify source ↗

    The parties to the joint powers agreement must jointly create a procedure and agreement for awarding concessions at El Pueblo de Los Angeles State Historic 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. ) ## 5038.1. The parties to the joint powers agreement of April 1, 1974, and to subsequent amendments to the agreement regarding the El Pueblo de Los Angeles State Historic Park, being the City of Los Angeles, the County of Los Angeles, and the state through the Department of Parks and Recreation, shall jointly develop a viable procedure and enter into an agreement for the awarding of concessions which would preserve and further the cultural continuity and physical integrity of the Olvera Street portion of the park. In developing the procedure, the parties shall take into consideration the need for competition in granting concessions with the long-term contributions on the part of, and the benefits to be received in the future by retaining, existing concessionaires. (Added by Stats. 1985, Ch. 1049, Sec. 2.)
  107. 5038.2.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. )

    Verify source ↗

    Certain concession contracts or approvals in El Pueblo de Los Angeles State Historic Park must be extended on the concessionaire’s request, and the park director must submit a progress report to the Legislature by July 1, 1988.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. ) ## 5038.2. (a) Notwithstanding any other provision of this chapter or any other provision of law, the length of the term of any concession contract or approval within the El Pueblo de Los Angeles State Historic Park in effect on the effective date of this section shall, at the request of the concessionaire, be extended by the department or its designee until January 1, 1989. Any contract extended pursuant to this subdivision shall be renegotiated, if necessary, to ensure that the rental rates in the contract on January 1, 1988, accurately reflect current commercial rental market rates. (b) The Director of Parks and Recreation shall prepare a progress report on the status of the negotiations with the City of Los Angeles to arrange for a long-term administration of the El Pueblo de Los Angeles State Historic Park by either the City of Los Angeles or the state, and the administration of a concession operation therein by a master concessionaire, and shall submit the report to the Legislature on or before July 1, 1988. (c) Notwithstanding any provision of this chapter or any provision of law except subdivisions (b), (c), and (d) of Section 5080.20, if applicable, any concession contract or approval extended or renegotiated pursuant to subdivision (a) or (b) may be superseded by the agreement to implement the procedure specified in Section 5038.1, when that agreement is executed and approved by the state. (Amended by Stats. 1987, Ch. 1408, Sec. 1. Effective September 30, 1987.)
  108. 5038.3.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. )

    Verify source ↗

    For this article, “concession” does not include premises at El Pueblo de Los Angeles State Historic Park that are mainly rented and used for offices, banking, or storage.

    ## 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 3.4. El Pueblo de Los Angeles State Historic Park [5038 - 5038.3] ( Article 3.4 repealed and added by Stats. 1985, Ch. 1049, Sec. 2. ) ## 5038.3. “Concession,” as used in this article, does not include those premises at El Pueblo de Los Angeles State Historic Park which are primarily rented and used for offices, banking, or storage. (Added by Stats. 1985, Ch. 1049, Sec. 2.)
  109. 504.

    ## 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. )

    Verify source ↗

    The department may spend certain appropriated or special-fund money, but its expenditures must be made in accordance with law for the purposes the money was provided for.

    ## 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. ) ## 504. The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1965, Ch. 1144.)
  110. 5040.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. )

    Verify source ↗

    California states a policy to establish and preserve a specified part of old Columbia in Tuolumne County as a historical monument.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. ) ## 5040. It is hereby declared to be the policy of the State of California to establish and preserve as a historical monument representative of the early gold mining days of this State that portion of the old town of Columbia in Tuolumne County whose acquisition was initiated under the provisions of Chapter 1387 of the Statutes of 1945. (Added by Stats. 1955, Ch. 71.)
  111. 5041.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. )

    Verify source ↗

    The department must survey the historic Columbia area and prepare a restoration master plan; it may later modify the plan, carry out preservation and restoration work while funding is available, and lease buildings on terms it sets.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. ) ## 5041. To assure the accomplishment of this policy it is directed that: (a) The department shall make a survey based on historical research to determine the type and materials of construction, location, and uses of the structures which existed on the acquired area of the town of Columbia during those “early days”; and based on the data so obtained shall prepare a master plan of restorational development to which all work of preservation and restoration shall substantially conform. Thereafter such master plan may be modified by the department acting upon additional authentic information. Pending completion of such master plan work of preservation and repair of existing structures which have existed since “early days” and the restoration and erection of such structures the authenticity of whose plans and construction may be satisfactorily determined may be accomplished by the department to the extent of availability of appropriated funds or of other funds donated to the department for such purposes. (b) Leases of buildings within the area may be made by the department on such terms and conditions as determined by the department for occupancy, including such lawful use which is found to be the same or similar use which held in the “early days” or which as determined by the department is not inconsistent with the objective of this article. (c) A building or buildings shall be used for the establishment of a museum to shelter and display exhibits of appliances used in mining or other activities of the vicinity, articles formerly possessed or used by “early days” inhabitants of the town, and items of historic interest or suitable for inclusion as approved by the department, whether loaned, donated or otherwise acquired. (d) Any structures whose preservation or restoration is assured by suitable contribution, when approved by the department, may be named in honor of or as a memorial to the donor or as designated by the donor. (Amended by Stats. 1959, Ch. 2164.)
  112. 5042.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. )

    Verify source ↗

    The Columbia Historic Park Association is designated to advise the department on research, the master plan, and preservation, restoration, and management policies for Columbia Historic 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. ) ## 5042. The Columbia Historic Park Association, a nonprofit corporation, is designated as a committee advisory to the department in the research incident to and adoption of the master plan for development and upon policies of preservation, restoration and management of Columbia Historic State Park. (Amended by Stats. 1959, Ch. 2164.)
  113. 5043.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. )

    Verify source ↗

    Columbia Historic State Park is part of the State Park System and must be administered under the laws that apply to it, subject to this article.

    ## 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 3.5. Columbia Historic State Park [5040 - 5043] ( Article 3.5 added by Stats. 1955, Ch. 71. ) ## 5043. Columbia Historic State Park is a unit of the State Park System and shall be administered in accordance with the laws applying thereto subject to the provisions of this article. (Added by Stats. 1955, Ch. 71.)
  114. 5045.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. )

    Verify source ↗

    The Mono Lake Tufa State Reserve is established, the department must manage resources inside it, and the State Lands Commission must issue an occupancy permit to the department as soon as practicable after January 1, 1982.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. ) ## 5045. (a) The tufa and associated sand structures at Mono Lake are a valuable geologic and scientific natural resource and are unique in North America for their beauty, abundance, diversity, and public accessibility. Their extreme fragility requires special measures for their protection and preservation for the enjoyment and education of the public. (b) The Mono Lake Tufa State Reserve is hereby established as a unit of the state park system and shall consist of the state-owned portions of the Mono Lake bed lying at or below the elevation of 6,417 feet above sea level. As soon as practicable after January 1, 1982, the State Lands Commission shall issue a permit for occupancy to the department pursuant to Section 6221. (c) (1) The reserve shall include, and the department shall manage, all resources within the reserve’s boundaries, including, but not limited to, the waters of Mono Lake. (2) Notwithstanding the provisions of paragraph (1), nothing in this subdivision grants the department authority over any of the following: (A) The instream flow requirements of the tributaries to Mono Lake. (B) The water surface elevation of Mono Lake. (C) The water production, diversion, storage, and conveyance activities of the City of Los Angeles. (D) The determination of water quality standards for Mono Lake. (d) As soon as practicable after January 1, 1982, the State Lands Commission shall issue a permit for occupancy to the department pursuant to Section 6221. (Amended by Stats. 2004, Ch. 702, Sec. 10. Effective September 23, 2004.)
  115. 5046.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. )

    Verify source ↗

    The department must manage the reserve mainly to protect the tufa and sand structures, designate public accessways, and start managing the reserve as soon as practicable after January 1, 1982. It may also make agreements with other public agencies and assign personnel nearby for administrative support.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. ) ## 5046. (a) The reserve shall be managed primarily for the purpose of protecting the tufa and associated sand structures and providing for their interpretation. The department shall designate public accessways to Mono Lake for recreational and other purposes that are not in conflict with the preservation of the tufa and associated sand structures. (b) The department may enter into agreements with any other public agency to provide for the joint management of the reserve and the provision of visitor and interpretive services and facilities in connection therewith. For purposes of administrative support, departmental personnel may be assigned to any other unit of the state park system in the vicinity of the reserve. (c) The department shall commence managing the reserve, including all resources within the reserve’s boundaries which includes the waters of Mono Lake, as soon as practicable after January 1, 1982, and, to this end, the reserve is exempt from the requirements of subdivision (a) of Section 5002.2 because the only improvements contemplated at the reserve are temporary facilities within the meaning of subdivision (c) of Section 5002.2. (Amended by Stats. 2004, Ch. 230, Sec. 12. Effective August 16, 2004.)
  116. 5047.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. )

    Verify source ↗

    This section says the article should not be read to interfere with certain pre-1981 uses in the reserve, the City of Los Angeles’ water diversion, or the litigation over relicted 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. ) ## 5047. (a) No provision of this article shall be construed to interfere with any reasonable use of land or other activity existing or occurring on or before January 1, 1981, within the boundary of the reserve that does not conflict with the purposes for which the reserve is established. Accordingly, any such use of land or other activity is not subject to Section 5001.65. (b) No provision of this article or Section 5019.65 is intended, nor shall be construed, to interfere in any way with the City of Los Angeles’ diversion of water from streams tributary to Mono Lake pursuant to state water rights licenses numbered 10191 and 10192. (c) No provision of this article shall be construed to affirm or deny the legal right of the City of Los Angeles to divert water from the Mono Basin. (d) No provision of this article shall be construed for the purpose of establishing, or interfering with the establishment of, the ownership of relicted lands in the current litigation between California and the United States. (Added by Stats. 1981, Ch. 670, Sec. 1.)
  117. 5048.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. )

    Verify source ↗

    It is a misdemeanor to disturb, deface, displace, or otherwise interfere with tufa or associated sand structures in the Mono Lake basin.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. ) ## 5048. Any disturbance, defacement, displacement, or other interference with any tufa or associated sand structure by any person or instrumentality is a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or imprisonment in the county jail for not more than six months or by both such fine and imprisonment. This section shall apply to all tufa and associated sand structures within the Mono Lake basin, regardless of their location on public or private lands or within or without the boundaries of the reserve. The department shall provide for the enforcement of, and any other peace officer within the Mono Basin shall enforce, this section. (Added by Stats. 1981, Ch. 670, Sec. 1.)
  118. 5049.

    ## 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. )

    Verify source ↗

    For this article, accretion or reliction of Mono Lake’s waters is not treated as contrary to the article’s 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 3.6. Mono Lake Tufa State Reserve [5045 - 5049] ( Article 3.6 added by Stats. 1981, Ch. 670, Sec. 1. ) ## 5049. Natural or artificially caused accretion or reliction of the waters of Mono Lake shall not be deemed contrary to the purposes of this article. (Added by Stats. 1981, Ch. 670, Sec. 1.)
  119. 505.

    ## 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. )

    Verify source ↗

    The department must have possession and control of certain records, property, and funds connected to bodies, offices, and officers whose duties have been transferred to it.

    ## 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. ) ## 505. The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department. (Repealed and added by Stats. 1965, Ch. 1144.)
  120. 5050.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. )

    Verify source ↗

    This article may be cited as the Collier-Keene State Hostel Facilities 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. ) ## 5050. This article shall be known and may be cited as the Collier-Keene State Hostel Facilities Act. (Added by Stats. 1974, Ch. 265.)
  121. 5051.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. )

    Verify source ↗

    The Legislature states that bicyclists and hikers should be able to reach scenic and recreation areas safely and conveniently, and that mixing motor vehicles with bicycles on state highways creates hazards that need immediate action.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. ) ## 5051. The Legislature finds that a substantial number of Californians bicycle and walk for recreational enjoyment and that, given safer routes and more suitable accommodations, would choose such travel means to reach and enjoy scenic areas and recreation facilities throughout the state. The Legislature finds that it is in the public interest to provide means for bicyclists and hikers to reach safely, and utilize conveniently, units of the state park system and local and regional parks and recreation areas. The Legislature specifically finds that the existing mix of motor vehicles and bicycles on the highways of the state creates hazards to motorists and cyclists alike and demands immediate remedial action. (Amended by Stats. 1976, Ch. 1440.)
  122. 5052.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. )

    Verify source ↗

    This section defines “hostel facility” and “recreational trail” for this article.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. ) ## 5052. As used in this article, unless the context clearly requires a different meaning: (a) “Hostel facility” means a supervised overnight lodging or sleeping accommodation provided primarily for use by persons, including bicyclists and hikers, arriving at state park system units and local and regional parks and recreation areas. Hostel facilities shall include sleeping areas for individuals or groups, water, washrooms, sanitary facilities, and means by which the users of hostel facilities may prepare their own meals. (b) “Recreational trail” means a pathway situated and constructed so as to provide safe and convenient means for persons, including bicyclists, hikers, and horsemen, to travel to and between state park system units other than by motor vehicle. (Amended by Stats. 1976, Ch. 1440.)
  123. 5053.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. )

    Verify source ↗

    The department may provide hostel facilities in state park units and at certain local or regional public agency sites, but not in units classified as state wilderness, natural preserve, or state reserve.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. ) ## 5053. (a) The department may provide hostel facilities in any unit of the state park system where consistent with the general development plan for such unit, and may provide for hostel facilities in the general plan for any unit; provided, however, that no hostel facility may be provided in any unit classified as a state wilderness, natural preserve, or state reserve. (b) The department may also provide hostel facilities at any park or recreation area under the jurisdiction of any local or regional public agency if such agency enters into an agreement with the department for the care, maintenance, and control of such facilities at the agency’s expense. (Amended by Stats. 1976, Ch. 1440.)
  124. 5054.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. )

    Verify source ↗

    The department may acquire land, develop, and maintain recreational trails to and between units 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. ) ## 5054. The department may acquire land for, develop, and maintain recreational trails to and between units of the state park system. (Added by Stats. 1974, Ch. 265.)
  125. 5055.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. )

    Verify source ↗

    The director must adopt rules and regulations needed to administer this article, except as provided in Section 18930 of the Health and Safety Code.

    ## 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 4. Hostel Facilities [5050 - 5055] ( Article 4 added by Stats. 1974, Ch. 265. ) ## 5055. Except as provided in Section 18930 of the Health and Safety Code, the director shall adopt such rules and regulations as are necessary to administer the provisions of this article. (Amended by Stats. 1979, Ch. 1152.)
  126. 506.

    ## 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. )

    Verify source ↗

    Government Code Chapter 2 provisions apply to the director, and the director may appoint needed deputies, officers, and other employees under civil service rules.

    ## 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. ) ## 506. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary. (Repealed and added by Stats. 1965, Ch. 1144.)
  127. 5060.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The department may enter into contracts for leasing lands for park and recreational purposes, and for developing and expanding park and recreational areas, if it considers the lands desirable for those 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5060. The department may enter into contracts with individuals or with other governmental agencies or departments for the lease, for park and recreational purposes and for the development and expansion of park and recreational areas, of lands which in the judgment of the department are desirable for these purposes, on such terms and subject to such conditions as the department may determine. (Amended by Stats. 1959, Ch. 2164.)
  128. 5061.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    A lease under this section must be for at least 2 years and no more than 20 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5061. The term of such a lease shall not exceed twenty years nor be less than two years. (Added by Stats. 1939, Ch. 94.)
  129. 5062.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Lease contracts for park and recreational areas must include a State purchase option and related payment, conveyance, termination, and rental-cap terms.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5062. Any such lease contract shall contain an option permitting the State to purchase the lands under lease. The lease contract shall include provisions: (a) That all payments made by the State as rental thereunder shall be applied on the purchase price of the lands. (b) That at the end of each two-year period, if the State so elects, the lessor will convey to the State, without additional consideration, a designated area of the lands under lease, as described therein, which area shall be such proportion of the total area as the amount of rental paid by the State for such period bears to the total amount of rental to be paid under the lease. (c) That the State may terminate the rental contract at its option at the end of any two-year period. (d) That the total rental to be paid under any such lease contract shall not be in excess of the appraised value of the lands. (Added by Stats. 1939, Ch. 94.)
  130. 5063.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Before a lease contract is entered into, the department must appraise the land to determine fair market value, and rent for the full lease term may not exceed that value.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5063. Before entering into any lease contract, the lands proposed to be leased shall be appraised by the department to determine the fair market value of the lands. The total amount of rent to be paid for the entire term under any lease contract shall not be in excess of the fair market value of the lands, as determined by the appraisal. The Department of General Services shall review and approve any appraisal conducted by the department pursuant to this section, unless review and approval is waived by the Department of General Services. (Amended by Stats. 2025, Ch. 775, Sec. 10. (SB 630) Effective January 1, 2026.)
  131. 5064.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The department may assign options to other governmental agencies or departments for a consideration, and may accept gifts of money or land to help acquire lands under option.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5064. The department for a consideration may assign such options to other governmental agencies or departments. The department may accept gifts of money or lands from individuals and from other governmental agencies for the purpose of acquiring, by purchase or exchange, the lands under option. (Amended by Stats. 1959, Ch. 2164.)
  132. 5065.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    Leased lands must be administered as part of the California 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5065. Lands leased shall be administered as a part of the California State park system, subject to existing laws affecting the operation and administration of State parks. (Added by Stats. 1939, Ch. 94.)
  133. 5066.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The State Department of Parks and Recreation must extend the named concession agreement until December 31, 1979.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5066. Notwithstanding any other provision of law, the State Department of Parks and Recreation shall extend until December 31, 1979 the existing concession agreement, dated May 6, 1948, as amended March 21, 1958, between the State of California and the Girl Scout Council of San Diego County, Incorporated, relating to the “Stonewall Group Organizational Area” and premises in Cuyamaca Rancho State Park, San Diego County, California. Thereafter, there shall be no such agreement in force or effect other than an agreement consummated pursuant to Article 1.5 (commencing with Section 5019.10) of this chapter. (Added by Stats. 1965, Ch. 387.)
  134. 5067.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. )

    Verify source ↗

    The department may make a 20-to-25-year agreement with the Desert Pacific Council of the Boy Scouts of America to use part of Cuyamaca Rancho State Park, and the agreement must be approved by the Director of General Services.

    ## 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 5. Lease Contracts for Park and Recreational Areas [5060 - 5067] ( Article 5 added by Stats. 1939, Ch. 94. ) ## 5067. The department may enter into, for a period not less than 20 years and not to exceed 25 years, an agreement with the Desert Pacific Council of the Boy Scouts of America for the use of a portion of Cuyamaca Rancho State Park. Any agreement so entered into shall be subject to approval by the Director of General Services pursuant to Section 11005.2 of the Government Code. (Amended by Stats. 1996, Ch. 315, Sec. 1. Effective January 1, 1997.)
  135. 5069.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. )

    Verify source ↗

    The Legislature states that agricultural lands are important to the state’s economy and public interest, and that keeping them productive can help the state park system in some cases.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. ) ## 5069. The Legislature finds and declares that agricultural lands are necessary to the conservation of the state’s economic resources and necessary to the maintenance of the economy of the state, and that the preservation of agricultural lands in productivity is necessary for the protection of the public interest and, in appropriate instances, is desirable for the enhancement of the use and enjoyment of units of the state park system. (Amended by Stats. 1983, Ch. 439, Sec. 12.)
  136. 5069.1.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. )

    Verify source ↗

    The department may lease certain state park land for agricultural use if the director makes written findings of compatibility.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. ) ## 5069.1. Any portion of any parcel of real property acquired for state park system purposes, which had been farmed or grazed, or otherwise used for agricultural purposes, within the 24 months immediately preceding acquisition, may be made available for lease for agricultural purposes by the department if the director makes written findings that use of the real property for agricultural purposes would be compatible with the ultimate use of the real property as a unit, or part of a unit, of the state park system and with the sound management and conservation of resources within the unit. (Amended by Stats. 1985, Ch. 1087, Sec. 2.1.)
  137. 5069.2.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. )

    Verify source ↗

    After a general plan is approved, designated property must be made available for agricultural leasing. Some property may keep being leased if it will not be improved for at least three years and the director makes written compatibility findings.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. ) ## 5069.2. Following approval of the general plan for a unit of the state park system pursuant to Section 5002.2, all real property which has been designated in the general plan for retention in agricultural use indefinitely as a feature of that unit shall be made available for leasing by the department for agricultural purposes. In addition, any real property which will not be improved pursuant to the general plan for at least three years from the date of approval of the general plan, and which was being leased for agricultural purposes immediately prior to approval of the general plan, may continue to be available for leasing for agricultural purposes if the director makes written findings that use would be compatible with the general plan or until the commencement of improvements thereon. (Amended by Stats. 1985, Ch. 1087, Sec. 2.3.)
  138. 5069.3.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. )

    Verify source ↗

    Agricultural leases must use fair market rent, cannot run longer than 10 years, need Department of General Services approval unless waived, and must require the lessee to pay certain taxes.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. ) ## 5069.3. (a) The rent for real property leased for agricultural purposes shall be based upon the fair market value of the real property when used for agricultural purposes. All rents shall be deposited pursuant to Section 5010. (b) A lease term shall not exceed 10 years. A lease may be renewed for additional terms. (c) A lease entered into pursuant to this article shall be subject to approval by the Department of General Services, unless that approval is waived by the Department of General Services. Each lease shall require the lessee to pay the taxes on the lessee’s interest in the real property that become due, owing, or unpaid on the interest created by the lease. (Amended by Stats. 2025, Ch. 775, Sec. 11. (SB 630) Effective January 1, 2026.)
  139. 5069.4.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. )

    Verify source ↗

    This section defines “agricultural purposes” for this article and excludes timber harvesting and production.

    ## 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 5.5. Agricultural Leasing [5069 - 5069.4] ( Article 5.5 added by Stats. 1980, Ch. 1027, Sec. 1. ) ## 5069.4. For the purposes of this article, “agricultural purposes” means the growing and harvesting of plant or animal products in a manner not inconsistent with the long-term natural qualities and recreational potentials of the land. “Agricultural purposes” does not include any activity related to the harvesting and production of timber. (Added by Stats. 1980, Ch. 1027, Sec. 1.)
  140. 507.

    ## 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. )

    Verify source ↗

    The Governor appoints one Deputy Director of Parks and Recreation, who serves at the Governor’s pleasure; the director sets the deputy director’s compensation and assigns the deputy director’s duties.

    ## 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. ) ## 507. There shall be one Deputy Director of Parks and Recreation who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and he shall be responsible to the director for the performance thereof. (Amended by Stats. 1967, Ch. 1179.)
  141. 507.1.

    ## 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. )

    Verify source ↗

    The director must organize the department with the Governor’s approval, and may create, change, or abolish divisions and subdivisions with that approval.

    ## 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. ) ## 507.1. For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate and conduct the work of the department properly. With the approval of the Governor, the director may create such divisions and subdivisions as may be necessary and change or abolish them from time to time. The Division of Beaches and Parks and the Division of Recreation are hereby abolished and whenever any reference in any code or statute is made to the Division of Beaches and Parks or the Division of Recreation pertaining to a duty, power, purpose, responsibility or jurisdiction of the Division of Beaches and Parks or the Division of Recreation it shall be deemed to be a reference to and to mean the Department of Parks and Recreation. (Added by Stats. 1967, Ch. 1179.)
  142. 5070.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    This article is known as the California Recreational Trails Act and may be cited by that name.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5070. This article shall be known and may be cited as the California Recreational Trails Act. (Repealed and added by Stats. 1974, Ch. 1461.)
  143. 5070.3.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    This section defines several terms used in the California Recreational Trails article, including heritage corridor, plan, system, and whole-access.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5070.3. Unless the context otherwise requires, the following definitions shall govern construction of this article: (a) “Affirmative access area” means an area of already existing disability access improvements along a heritage corridor. (b) “Heritage corridor” means a regional, state, or nationwide alignment of historical, natural, or conservation education significance, with roads, state and other parks, greenways, or parallel recreational trails, intended to have guidebooks, signs, and other features to enable self-guiding tourism, and environmental conservation education along most of its length and of all or some of the facilities open to the public along its length, with an emphasis on facilities whose physical and interpretive accessibility meet “whole-access” goals. (c) “Heritage corridors access map” means a 1:500,000 publicly distributed map combining listings and locations of parks, trails, museums, and roadside historical and natural access points, including disability and interpretive access data, along designated heritage corridors. (d) “Plan” means the California Recreational Trails System Plan. (e) “System” means the California Recreational Trails System. (f) “Whole-access” means a general level of trail and human accessibility that includes not only disabled persons but all others making up the “easy-access” majority of the public. This level of accessibility may also benefit from amplified concepts of natural terrain accessibility and cooperation with volunteer and nonprofit accessibility groups. (Amended by Stats. 2022, Ch. 522, Sec. 2. (AB 1789) Effective January 1, 2023.)
  144. 5070.5.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The Legislature states California’s policy goals for recreational trails, access to resources, and related recreation uses.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5070.5. The Legislature hereby declares that it is the policy of the state to: (a) Increase accessibility and enhance the use, enjoyment, and understanding of California’s scenic, natural, historic, and cultural resources. (b) Encourage hiking, horseback riding, and bicycling as important contributions to the health and welfare of the state’s population. (c) Provide for the use of recreational trails by physically disabled persons, the elderly, and others in need of graduated trails with special safety features, particularly in conjunction with heritage corridors. (d) Increase opportunities for recreational boating on designated waterways. (e) Increase opportunities for use of recreational vehicles in designated areas and trail corridors pursuant to Chapter 1.25 (commencing with Section 5090.01). (f) Provide for the development and maintenance of a statewide system of recreational and interpretive trails, including heritage corridors. (g) Increase the recreational and educational use of public roads by developing guides, maps, and other interpretive materials concerning significant historical, agricultural, scenic, and other resource areas. (h) Encourage the development by cities, counties, districts, and private groups of recreational and interpretive trails, including heritage corridors. (Amended by Stats. 1982, Ch. 994, Sec. 8.)
  145. 5070.7.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must prepare a statewide recreation trails plan called the California Recreational Trails System 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5070.7. The director shall cause to be prepared a comprehensive plan for the development and operation of a statewide system of recreation trails. The plan, which shall be titled the California Recreational Trails System Plan, shall do all of the following: (a) Assess the present and future demand for trail-oriented recreation uses. (b) Recommend an integrated and interconnecting system of trail routes designed to provide a wide range of recreational opportunities and to ensure access and linkage to scenic, natural, historic, and recreational areas of statewide significance. (c) Recommend priorities for funding to improve and expand nonmotorized natural surface trails, trail networks, greenway corridors, and other nonmotorized infrastructure that promote either new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments. (Amended by Stats. 2022, Ch. 522, Sec. 3. (AB 1789) Effective January 1, 2023.)
  146. 5071.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The plan must include listed trail-related elements, including pedestrian, bikeway, equestrian, boating, disabled-access, cross-country skiing, and heritage corridor elements.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5071. The plan shall contain, but shall not be limited to, the following elements: (a) Pedestrian trails. (b) Bikeways. (c) Equestrian trails. (d) Boating trails. (e) Trails and areas suitable for use by physically disabled persons, the elderly, and others in need of graduated trails, especially along designated heritage corridors. (f) Cross-country skiing trails. (g) Heritage corridors. (Amended by Stats. 1982, Ch. 994, Sec. 9.)
  147. 5071.3.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The plan must describe and organize the state trail system, including state roles, policies, standards, locations, required state actions, and recommended actions for other agencies and the private sector.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5071.3. For each of the elements specified in Section 5071, the plan shall: (a) Set forth the role of state government in providing increased opportunities associated with that particular recreational use. (b) Describe specific policies, standards, and criteria to be followed by the department and other participating public agencies in acquiring, developing, operating, and maintaining land and water trails and areas as part of the system. (c) Specify standards and criteria to be followed by the department and other participating public agencies in providing facilities such as overnight camps, hostels, rest areas, access points, corrals, launching ramps, staging areas, and parking areas to complement trail routes and areas. (d) Identify, on a statewide basis, the general location and extent of trail routes, areas, and complementary facilities to be included within the system. (e) Describe new and revised state policies, programs, and other actions of the executive and legislative branches required to assure orderly development of the system. (f) Recommend to federal, regional, and local agencies and to the private sector actions which will assist and complement state efforts to implement the system. (Added by Stats. 1974, Ch. 1461.)
  148. 5071.5.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    When updating the plan, the director must actively seek participation from other state, federal, regional, and local agencies.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5071.5. In the preparation of an update to the plan, the director shall actively seek participation of other units of state government and of appropriate federal, regional, and local agencies. (Amended by Stats. 2022, Ch. 522, Sec. 4. (AB 1789) Effective January 1, 2023.)
  149. 5071.7.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director and specified agencies must work together to plan recreational trails, and the Department of Transportation must design certain trail routes and install heritage corridor signs when the stated funding or volunteer 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5071.7. (a) (1) In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need. (2) The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first. (b) The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50). (c) Any element of the plan relating to trails and areas for the use of off-highway motor vehicles shall be prepared and maintained by the Division of Off-Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01). (d) In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to ensure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons. (Amended by Stats. 2016, Ch. 86, Sec. 254. (SB 1171) Effective January 1, 2017.)
  150. 5072.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    When an update to the plan is being prepared, the director must hold at least four public hearings in different regions of 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5072. Upon preparation of an update to the plan, the director shall hold at least four public hearings in different geographical regions of the state to solicit views of the public and interested private groups and governmental agencies on the goals, policies, and proposals of the update to the plan. (Amended by Stats. 2022, Ch. 522, Sec. 5. (AB 1789) Effective January 1, 2023.)
  151. 5072.7.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    After the plan is updated under Section 5073, affected state agencies and departments must use the update as a guide in their operations.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5072.7. Following an update of the plan as provided in Section 5073, all state agencies and departments whose operations are affected by, or related to, the goals, policies, and proposals of the update to the plan shall use the update to the plan as a guide in their operations. (Amended by Stats. 2022, Ch. 522, Sec. 7. (AB 1789) Effective January 1, 2023.)
  152. 5072.8.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    This section creates the Recreational Trails Fund and sets rules for transfers, grant use, applicant commitments, and department procedures.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5072.8. (a) The Recreational Trails Fund is hereby created. Moneys in the Recreational Trails Fund shall be available, upon appropriation by the Legislature, to the department for competitive grants to cities, counties, districts, state and federal agencies, federally recognized California Native American tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails. (b) The Controller shall promptly transfer all money received by the state from the federal government as allocations from the National Recreational Trails Trust Fund pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 (P.L. 102-240) and deposited in the Federal Trust Fund, to the Recreational Trails Fund. The money in the Recreational Trails Fund shall be available to the department for expenditure, upon appropriation by the Legislature, for grants pursuant to subdivision (a), in accordance with the Steve Symms National Recreational Trails Fund Act of 1991. Seventy percent of the money received by the state from the federal government and transferred to the Recreational Trails Fund pursuant to this subdivision shall be available only for nonmotorized recreational trails with at least one-half of that amount available only for grants to cities, counties, districts, federally recognized California Native American tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, and nonprofit organizations for the acquisition and development of new nonmotorized recreational trails and the reconstruction or relocation of existing nonmotorized recreational trails. (c) The department shall prepare and adopt criteria and procedures for evaluating applications for grants, which, at a minimum, shall include certification that the project is consistent with the applicant’s general plan or the equivalent planning document, complies with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and other environmental protection laws and regulations, and is not required as a mitigation measure as a condition for a permit or other entitlement. The department shall forward to the Director of Finance for inclusion in the Governor’s Budget of each fiscal year all projects that are recommended for funding and those projects shall be contained in the Budget Bill for that fiscal year. (d) A grant shall not be made from the Recreational Trails Fund to an applicant unless the applicant agrees to both of the following conditions: (1) To maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the department, the applicant or its successors in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this section. In the case of lands not held in fee by the applicant (limited tenure projects), perpetuity shall be in accordance with the tenure or for the length of time sufficient to provide public benefits commensurate with the type and duration of interest in land held by the applicant. (2) To use the property only for the purposes of the grant and to make no other use, sale, or other disposition or conversion of the property except as authorized by a specific act of the Legislature and the property shall be replaced with property of equivalent value and usefulness as determined by the department. The property acquired or developed may be transferred to another public agency if the successor agency assumes the obligations imposed under this chapter. (e) All applicants for a grant pursuant to this section shall submit an application to the department for approval. Each application shall include in writing the conditions specified in paragraphs (1) and (2) of subdivision (d). (f) The department, before dispersing a grant pursuant to this section on or after January 1, 2024, shall have a mechanism in place to recover a grant spent outside the terms of the recipient’s grant agreement. (Amended by Stats. 2023, Ch. 831, Sec. 4. (AB 1150) Effective January 1, 2024.)
  153. 5073.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must update the plan, report to the Legislature on a schedule, and the department must post the plan online after an update.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5073. (a) On or before January 1, 2024, the director shall prepare and provide to the Legislature a full update of the plan. (b) Following the update to the plan pursuant to subdivision (a), the director shall periodically review, revise, and update the plan and provide a copy of the update to the Legislature. (c) Every three years following an update to the plan pursuant to this section, the director shall submit a report to the Legislature describing progress in carrying out the plan and recommending additional routes or other modifications in the system as the director determines are necessary or desirable. (d) A report or plan submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (e) Following an update to the plan pursuant to this section, the department shall post the plan on the department’s internet website. (Amended by Stats. 2022, Ch. 522, Sec. 8. (AB 1789) Effective January 1, 2023.)
  154. 5074.1.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director is responsible for planning and overseeing the orderly development and operation of the system, may make contractual agreements for other public agencies to carry out trail work, and should encourage those agencies to acquire, develop, and manage certain trail segments.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5074.1. The director shall be responsible for planning and for the orderly development and operation of the system. The director shall encourage other public agencies to acquire, develop, and manage segments of the system which are outside of the exterior boundaries of state park system units, and other areas under state jurisdiction. The director may enter into contractual agreements under which responsibility for state trail development and operation may be carried out by other public agencies. (Added by Stats. 1974, Ch. 1461.)
  155. 5074.3.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    Eminent domain may not be used to acquire property for the trails covered by this article, except the director may use it in limited Section 5006 situations.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5074.3. (a) The right of eminent domain may not be exercised to acquire property, any interest in property, or use of any property for the trails contemplated pursuant to this article. (b) Notwithstanding the provisions of subdivision (a) of this section, the director may, pursuant to Section 5006, replace property or interests in property through the exercise of eminent domain whenever a trail, or a portion thereof, has been acquired through the exercise of eminent domain by another public entity; provided, that the property to be acquired is in the immediate vicinity of the property being replaced, and the director may, pursuant to Section 5006, acquire property or interests in property through the exercise of eminent domain for trails established pursuant to this article in hardship cases as determined by the department. Acquisitions pursuant to this section shall be funded by moneys appropriated as provided in Section 5075. (Added by Stats. 1974, Ch. 1461.)
  156. 5074.5.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must use a contractual agreement with the appropriate federal agency when placing a route or complementary facility across federal agency 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5074.5. The location of a route or complementary facility of the system across lands under the jurisdiction of a federal agency shall be by contractual agreement between the director and the appropriate federal agency. The director may enter into such agreements, and, subject to the provisions of Section 5075, may expend funds in order to participate with federal agencies in the development and operation of state trail routes across federal lands. The director may exercise similar authority with respect to segments of the system which cross other public lands. (Added by Stats. 1974, Ch. 1461.)
  157. 5074.7.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director may make agreements with private landowners and may accept interests in private lands for trail development 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5074.7. If lands included in the system are outside the boundaries of areas administered by public agencies, the director may enter into agreements with private landowners in order to develop and manage such lands as part of the system. The director may accept fee title, easements, or an appropriate lesser interest in private lands for purposes of the development and maintenance of trails designated as part of the system. (Added by Stats. 1974, Ch. 1461.)
  158. 5075.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director may not use funds to acquire private property for the system unless the Budget Bill appropriates the money.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5075. No funds, whether derived from gift, donation, grant-in-aid, or other source, shall be used by the director for state acquisition of private property in connection with the system unless appropriated by the Budget Bill. (Amended by Stats. 2022, Ch. 522, Sec. 9. (AB 1789) Effective January 1, 2023.)
  159. 5075.3.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must include listed criteria when setting trail design standards, and the department must install and maintain fences and gates in some cases. Trails must not interfere with landowners’ water rights, and nearby agricultural, timber harvesting, or mining activities cannot be restricted just because a trail exists.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5075.3. In specifying criteria and standards for the design and construction of trail routes and complementary facilities as provided in subdivisions (b) and (c) of Section 5071.3, the director shall include the following: (a) The following routes shall be given priority in the allocation of funds: (1) Routes which are in proximity or accessible to major urban areas of the state. (2) Routes which are located on lands in public ownership. (3) Routes which provide linkage or access to natural, scenic, historic, or recreational areas of clear statewide significance. (4) Routes which are, or may be, the subject of agreements providing for participation of other public agencies, cooperating volunteer trail associations, or any combination of those entities, in state trail acquisition, development, or maintenance. (b) Where feasible, trail uses may be combined on routes within the system; however, where trail use by motor vehicles is incompatible with other trail uses, separate areas and facilities should be provided. (c) Trails should be located and managed so as to restrict trail users to established routes and to aid in effective law enforcement. (d) Trails should be located so as to avoid severance of private property and to minimize impact on adjacent landowners and operations. The location of any trail authorized by this article shall, if the property owner so requests, be placed as nearly as physically practicable to the boundary lines of the property traversed by the trail, as such boundary lines existed as of January 1, 1975. (e) Insofar as possible, trails should be designed and maintained to harmonize with, and complement, established forest, agricultural, and resource management plans. No trail, or property acquisition therefor, shall interfere with a landowner’s water rights or his right to access to the place of exercise of such water rights. (f) Trails should be planned as a system and each trail segment should be part of the overall system plan. (g) Trails should be appropriately signed to provide identification, direction, and information. (h) Rest areas, shelters, sanitary facilities, or other conveniences should be designed and located to meet the needs of trail users, including physically handicapped persons, and to prevent intrusion into surrounding areas. (i) The department shall erect fences along any trail when requested to do so by the owner of adjacent land, or with the consent of the owner of such land when the department determines it will be in the best interests of the users of the trail and adjoining property owners, and shall place gates in such fences when necessary to afford proper access and at each point of intersection with existing roads, trails, or at used points of access to or across such trail. The department shall maintain such fences and gates in good condition. (j) A landowner’s right to conduct agricultural, timber harvesting, or mining activities on private lands adjacent to, or in the vicinity of, a trail shall not be restricted because of the presence of the trail. (Amended by Stats. 1982, Ch. 903, Sec. 3. Effective September 13, 1982.)
  160. 5075.4.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    Adjoining property owners are not liable for certain injuries or actions caused by trail users trespassing on their property, or for actions arising from other parties’ activities on or within the trail boundaries.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5075.4. No adjoining property owner is liable for any actions of any type resulting from, or caused by, trail users trespassing on adjoining property, and no adjoining property owner is liable for any actions of any type started on, or taking place within, the boundaries of the trail arising out of the activities of other parties. (Added by Stats. 1974, Ch. 1461.)
  161. 5075.5.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must prepare trail guidebooks with maps and trail-use rules, and may prepare a combined heritage corridors and accessible trails guidebook.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5075.5. The director shall prepare a guidebook or guidebooks, including trail maps, describing the system. The guidebook, or guidebooks, shall include information regarding the responsibility of trail users and shall specify rules and regulations for trail use, including measures designed to prevent trespass and damage to public and private property. The director may prepare a combined heritage corridors and accessible trails guidebook. However, the director shall prepare no guidebook or guidebooks of heritage corridors until such time as he determines that the department has available to it adequate volunteers, funds, or a combination thereof, to prepare such guidebook or guidebooks, or until such time as the Legislature appropriates funds sufficient to prepare the guidebook or guidebooks, whichever occurs first. (Amended by Stats. 1979, Ch. 844.)
  162. 5075.7.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    Studies of potential trail routes must evaluate impacts on adjacent landowners, and the director must prioritize the listed trail routes when conducting those studies.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5075.7. Each study of potential trail routes for inclusion in the system shall include an evaluation of the impact of the proposed trail route on adjacent landowners. In conducting studies of potential trail routes for inclusion in the system, the director shall give priority to the following: (a) A trail route linking state parks, federal recreation areas, and other areas of statewide or national significance located in coastal areas. (b) A trail route through the Sacramento-San Joaquin Delta linking scenic and recreation areas of the San Francisco Bay area with state and federal recreation areas in the Lake Tahoe Basin. (c) East-west trail routes for nonmotorized use linking the state coastal trail route with the existing Pacific Crest Trail. (d) Trail routes designed principally for boaters along the following waterways: (1) Eel River in Humboldt, Mendocino, and Trinity Counties. (2) Smith River in Del Norte County. (3) Russian River in Sonoma and Mendocino Counties. (4) Big River in Mendocino County. (5) Albion River in Mendocino County. (6) Navarro River in Mendocino County. (7) Feather River from Thermalito Afterbay to mouth. (8) Sacramento River from Keswick Dam to mouth. (9) American River from Folsom Dam to mouth. (10) South Fork of American River from Coloma to Folsom Lake. (11) Tuolumne River from O’Shaughnessy Dam to New Don Pedro Reservoir. (12) Stanislaus River from the Stanislaus Power House to Melones Reservoir. (13) Colorado River from Needles to the international boundary. (e) A hiking, bicycling, and horseback riding trail route along the San Joaquin River from Friant Dam to State Highway Route 99. (Amended by Stats. 1988, Ch. 221, Sec. 1.)
  163. 5075.8.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The department may convene a planning task force for the San Joaquin River Parkway, and the resulting plan must be submitted to the Legislature by June 1, 1991.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5075.8. (a) The department may convene a planning task force in order to facilitate the development of a comprehensive plan for the San Joaquin River Parkway. The task force shall include, but not be limited to, a representative of the following entities: (1) State Lands Commission. (2) Department of Parks and Recreation. (3) Department of Fish and Game. (4) State Reclamation Board. (5) County of Fresno. (6) County of Madera. (7) City of Fresno. (8) Fresno County and City Chamber of Commerce. (9) Fresno Sand and Gravel Producers. (10) San Joaquin River Property Owners Association. (11) Upper San Joaquin River Association. (12) San Joaquin River Parkway and Conservation Trust. (13) San Joaquin River Committee. (b) The plan shall be submitted to the Legislature not later than June 1, 1991. (Amended by Stats. 2013, Ch. 352, Sec. 480. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  164. 5076.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    Cities, counties, and districts must consider trail-oriented recreational use and the feasibility of linking trail routes to the state system when planning open-space programs.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5076. In developing the open-space element of a general plan as specified in subdivision (e) of Section 65302 of the Government Code, every city and county shall consider demands for trail-oriented recreational use and shall consider such demands in developing specific open-space programs. Further, every city, county, and district shall consider the feasibility of integrating its trail routes with appropriate segments of the state system. (Repealed and added by Stats. 1974, Ch. 1461.)
  165. 5077.2.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must include certain routes in the plan and give them priority for designation as heritage corridors.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5077.2. In addition to utilizing criteria and standards for the design, interpretation, and implementation of heritage corridor routes and complementary facilities, as provided in subdivisions (b) and (c) of Section 5071.3 and paragraphs (1), (2), (3), and (4) of subdivision (a) of Section 5075.3, the director shall include in the plan required by Section 5070.7 the following routes which shall be given priority for designation as heritage corridors: (a) Routes which connect urban areas with the cross-section of landscape provided in parks and recreation and outdoor resource areas in California. (b) Routes incorporating existing and planned facilities for ready accessibility for physically disabled persons utilizing coordinated accessibility to several areas and experiences such as trails, water, visitor centers, campsites, parking, and rest rooms. (c) Existing and planned scenic highways. (d) Looping routes radiating out of centers of population to allow optimum use. (e) Routes nominated by local governmental jurisdictions and local volunteer groups. (f) Routes providing access to the maximum number of recreational trails and other recreational facilities. (g) Routes intended to direct the public away from areas where trespass or damage to public or private property or natural resources is likely. (Added by Stats. 1979, Ch. 844.)
  166. 5077.5.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    Northern California heritage corridors are designated, and the director plus affected state agencies must work with nonprofit disability access groups to produce an access map.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5077.5. (a) Because of California’s unique potential to encourage initial stages of a nationwide heritage network, the following northern California portions of an eventual nationwide heritage network are hereby designated as heritage corridors: (1) The California Pioneer and Goldrush Heritage Corridor as the western end of the Transcontinental Historic Heritage Corridor, from San Francisco Bay via the North Lincoln Highway, Highway 40, and present Interstate 80 to Sacramento, Truckee, and the Nevada border. (2) The Tahoe Pacific/Farms & Forests State Heritage Corridor, as the alternate western end of the Transcontinental Scenic Heritage Corridor, to extend from Fort Bragg to the Pacific Crest along Highway 20, Interstate 80, and south along Highway 89 to South Lake Tahoe and the Nevada border. (3) The North Central California Coast Heritage Corridor from the San Mateo County Line to Patrick’s Point State Park in Humboldt County. (b) In order to assist establishment and public involvement with the heritage corridors established in subdivision (a), the director and affected state agencies shall work with nonprofit disability access groups in producing a heritage corridors access map, as defined in Section 5070.3, to be called the North Central California Heritage Corridor Trails and Disability Access Map. (Repealed and added by Stats. 1990, Ch. 1495, Sec. 5.)
  167. 5077.6.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    State Highway Route 49 is designated as a heritage corridor and must be recognized by the Department of Transportation as the Golden Chain Highway.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5077.6. Because of its clear function as the interpretive highway of the Gold Rush, and because of outstanding efforts of public agencies and the private sector to increase accessibility to physically disabled persons along parts of its route, State Highway Route 49 is hereby designated as a heritage corridor, including all sections which link the Counties of Sierra, Nevada, Placer, El Dorado, Amador, Calaveras, Tuolumne, Mariposa, and Madera, known collectively as California’s Gold Country, and shall be recognized by the Department of Transportation and officially known as the Golden Chain Highway. (Amended by Stats. 1992, Ch. 1318, Sec. 1. Effective January 1, 1993.)
  168. 5077.7.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    This section designates a stretch of State Highway Route 1 and State Highway Route 101 as the Coast Highway Heritage Corridor.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5077.7. Because of the unique beauty and natural resources of the northern California coast, the desire of many Californians to visit the area, the heavy dependence of the area on the recreation and tourism economy, the recent improvements in access for disabled persons by state and local agencies and nonprofit groups in the area, and the recent increase in available information on access for disabled persons in the area, State Highway Route 1 from the Golden Gate Bridge to Route 101 near Leggett and State Highway Route 101 from that point to the Oregon state line is hereby designated as the Coast Highway Heritage Corridor. (Added by Stats. 1982, Ch. 903, Sec. 5. Effective September 13, 1982.)
  169. 5077.8.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. )

    Verify source ↗

    The director must recognize the South Yuba Independence Trail South Yuba Project as one of California’s primary wheelchair wilderness and backpacking trails.

    ## 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 6. California Recreational Trails [5070 - 5077.8] ( Article 6 repealed and added by Stats. 1974, Ch. 1461. ) ## 5077.8. In order to promote disability access along the heritage corridors, the director shall recognize the South Yuba Independence Trail South Yuba Project as one of California’s primary wheelchair wilderness and backpacking trails. (Added by Stats. 1990, Ch. 1495, Sec. 6.)
  170. 5078.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    This section defines several terms used in the chapter, including “Department,” “Fund,” “Heritage corridor,” “Program,” and “Trust.”

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078. As used in this chapter: (a) “Department” means the Department of Parks and Recreation. (b) “Fund” means the Heritage Network Decal Fund created pursuant to Section 5066 of the Vehicle Code. (c) “Heritage corridor” has the same meaning as set forth in subdivision (c) of Section 5070.3. (d) “Program” means the State Heritage Network Plan and Grants Program. (e) “Trust” means a State Heritage Network Trust organized pursuant to subdivision (c) of Section 5078.1. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  171. 5078.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    The department has a State Heritage Network Plan and Grants Program that must improve protection, preservation, interpretation, and access for specified resources in heritage corridors.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078.1. (a) There is in the department the State Heritage Network Plan and Grants Program. (b) The program shall enhance the protection, preservation, and interpretation of, and access to, natural, agricultural, archaeological, and historical resources within heritage corridors within the state heritage network, and as a component of any state byways system. (c) The program shall be developed in consultation with interested public and private entities, including any nonprofit State Heritage Network Trust organized to further the purposes of heritage corridors within the state heritage network. A primary purpose of any such trust shall be to assist the department in implementing the program by providing volunteer services. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  172. 5078.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    The fund money may be used by the department, after legislative appropriation, only for listed program costs and heritage corridor site purposes, including matching grants in some cases.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078.2. The money in the fund shall be available to the department, upon appropriation by the Legislature, solely for purposes of paying administrative costs incurred in carrying out the program, for the acquisition, development, use, and enhancement of heritage corridor sites within the state heritage network both within and without the state park system, and, in regard to sites not within the state park system, for matching grants, not to exceed 60 percent state funding, to local agencies, other state agencies, federal agencies, and nonprofit organizations. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  173. 5078.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    The provision caps a single grant at $50,000, limits state park system spending from the fund to 50% each year, and requires at least 25% of the fund each year to be available for nonprofit grants.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078.3. No single grant under the program shall exceed the sum of fifty thousand dollars ($50,000). Not more than 50 percent of the total money available from the fund each year may be expended by the department for purposes of the state park system. At least 25 percent of the total money available from the fund each year shall be available for grants to nonprofit organizations, including state park cooperating associations. Money available from the fund each year for the development of heritage corridors within the state heritage network shall be utilized, as equally as practicable, for the following purposes. (a) Disability access projects. (b) Interpretive facilities, including heritage corridor highway signs. (c) Interpretive and heritage education programs and interpretive publications, including California Heritage Corridors Access Maps. (d) Historical preservation and restoration projects. (e) Trail acquisition and development, except that any acquisition shall be from willing sellers only. (f) The purchase of land and easements for purposes other than trail or trail corridors from willing sellers. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  174. 5078.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    The department must develop criteria for evaluating and selecting heritage corridors.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078.4. (a) The department shall develop criteria for the evaluation and selection of heritage corridors. (b) The following heritage corridors are given provisional status to allow their inclusion in the North Central California Heritage Corridors Access Map: (1) East California Mountains and Deserts: Mount Lassen to Anza Borrego, including Highways 89 and 395 to Bishop. (2) Yosemite Pacific: Monterey and San Jose to Mono Lake via Yosemite National Park. (3) Missions and Adobes: Sonoma to San Diego via El Camino Real. (4) Great Valley Rivers: Mt. Shasta to Porterville, utilizing scenic alternates to Highway 99 wherever possible. (c) The following additional candidate heritage corridors are proposed for study and timely adoption: (1) Redwoods and Cascades: Redwood National Park to Mt. Lassen and Mt. Shasta. (2) California Contrast: Morro Bay to Death Valley. (3) Palm and Pine: San Juan Capistrano to Joshua Tree. (4) Rim of the World: Santa Monica Mountains to Mt. Laguna via the San Gabriel Mountains, San Bernardino Mountains, San Jacinto Mountains, and Mount Palomar. (5) Southern Borderlands: San Diego to Yuma, Arizona. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  175. 5078.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    Grant proposals must be submitted yearly to the department, which must evaluate them yearly under department-prescribed procedures and criteria, with trust assistance if organized under the cited subdivision.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078.5. Grant proposals shall be submitted annually to the department for evaluation in accordance with procedures and criteria prescribed by the department. The department shall evaluate annually, with the assistance of the trust, if organized pursuant to subdivision (c) of Section 5078.1, any proposals submitted to it and shall prepare an annual list of recommended projects for submission to the Legislature for funding. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  176. 5078.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. )

    Verify source ↗

    The department may work with heritage corridor groups to design and distribute a $20 window decal for participation in the heritage network program. Sale revenues, after administrative costs, must be deposited in the Heritage Network Decal Fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1. State Heritage Networks [5078 - 5078.6] ( Chapter 1.1 added by Stats. 1992, Ch. 1318, Sec. 2. ) ## 5078.6. (a) The department may undertake with cooperating heritage corridor groups the design and distribution of a twenty-dollar ($20) window decal to allow participation in the heritage network program by residents and nonresidents of the state. (b) Revenues derived from the sale of the decal, after deduction for administrative costs, shall be deposited in the Heritage Network Decal Fund, created pursuant to Section 5066 of the Vehicle Code. (Added by Stats. 1992, Ch. 1318, Sec. 2. Effective January 1, 1993.)
  177. 5079.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 1. General Provisions [5079 - 5079.01] ( Article 1 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The Legislature states that California’s policy is to encourage stewardship and preservation of historical resources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 1. General Provisions [5079 - 5079.01] ( Article 1 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079. The Legislature hereby finds and declares all of the following: (a) The preservation of California’s historical resources is a responsibility of all citizens, and deserving of continued support through private contributions and efforts and through the use of public funds. (b) Peoples of many cultures, backgrounds, and abilities have contributed to the economic and social diversity of the state. (c) Increasing pressures for development, increasing public use, and deterioration through age and exposure continue to place California’s historical resources at risk. (d) Preservation of historical resources stimulates the economy, promotes energy conservation, contributes to the tourism industry, and enhances the quality of life in California. (e) The stewardship of historical resources will further educational goals, deepen cultural and historical awareness, and advance the public’s understanding of the existing human environment and institutions. (f) Therefore, it is the policy of the state to encourage the stewardship and preservation of California’s historical resources. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  178. 5079.01.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 1. General Provisions [5079 - 5079.01] ( Article 1 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the California Heritage Fund chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 1. General Provisions [5079 - 5079.01] ( Article 1 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.01. As used in this chapter, the following terms have the following meanings: (a) “California Register” means the California Register of Historic Resources. (b) “Commission” means the State Historical Resources Commission. (c) “Fund” means the California Heritage Fund created pursuant to Section 5079.10. (d) “Historical landmark” and “historical resource” have the same meaning as set forth in subdivision (i) and subdivision (j), respectively, of Section 5020.1. (e) “Historical resource preservation project” is a product, facility, or project designed to preserve an historical resource that is listed, or formally determined eligible for listing, in the National Register of Historic Places or the California Register, or designated as a historical landmark or point of historical interest. (f) “National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture as authorized by the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.). (g) “Nonprofit organization” means any private, nonprofit organization, existing under Section 501(c)(3) of the United States Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. (h) “Office” means the State Office of Historic Preservation. (i) “Point of historical interest” has the same meaning as set forth in subdivision (o) of Section 5020.1. (j) “Preservation” means identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction, or any combination of those activities. (k) “Public agency” means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. (l) “Stewardship” means the development and implementation of programs for the proper care, interpretation, and repose of items of historic and cultural value. (Amended by Stats. 1994, Ch. 146, Sec. 175. Effective January 1, 1995.)
  179. 5079.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    Creates the California Heritage Fund in the State Treasury and assigns the office to administer it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.10. The California Heritage Fund is hereby created in the State Treasury and shall be administered by the office. Money in the fund shall be available, upon appropriation by the Legislature, to implement laws providing for historical resource preservation, including, but not limited to, Section 5028 and Executive Order W-26-92, under criteria developed by the office and adopted by the commission. The actual costs incurred by the office in connection with administering and implementing the services and functions authorized in this chapter shall be paid from the fund. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  180. 5079.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    Money received by the office for historical resource preservation must be deposited in the fund, unless another law says otherwise.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.11. Unless otherwise provided by law, all funds received by the office for the purposes of historical resource preservation shall be deposited in the fund. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  181. 5079.12.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office may apply for and accept private grants and other financial or property support for this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.12. In addition to any public funds appropriated expressly for the purposes of this chapter, the office may apply for and accept grants, and accept gifts, donations, subventions, rents, royalties, and other financial support, or real or personal property, from private sources. All money received from private sources shall be deposited in a separate account established pursuant to Section 5079.11 and, notwithstanding Section 5079.10, is hereby continuously appropriated to the office for expenditure for historical resources preservation projects pursuant to this chapter after notification to, and project approval by, the Department of Finance. (Amended by Stats. 1994, Ch. 146, Sec. 176. Effective January 1, 1995.)
  182. 5079.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office must deposit certain real property transaction proceeds, plus reimbursements, repayments, and income, into the fund unless another law says otherwise.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.13. The office shall deposit the proceeds from any lease, rental, sale, exchange, or transfer of real property, or any interest therein or option thereon, made pursuant to Section 5079.23, in the fund, together with any other reimbursements, repayments, and income received by the office, unless otherwise provided by law. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  183. 5079.14.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    When the office leases real property to a private person or entity, it must annually transfer up to 25% of the lease gross income to the city, or to the county if the property is in an unincorporated area.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.14. When a lease of real property is made to a private individual, group, or entity, the office shall annually transfer an amount not to exceed 25 percent of the gross income from the lease to the city or, if in an unincorporated area, the county in which the real property is located. Fifty percent of the funds received by the city or county shall be used for historical preservation projects, as approved by the office. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  184. 5079.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office may apply for and receive emergency financial support for qualifying projects and areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 2. California Heritage Fund [5079.10 - 5079.15] ( Article 2 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.15. The office may apply for and receive emergency financial support for projects and areas identified under federal and state emergency and disaster guidelines. These funds shall be available for expenditure for the purposes of this chapter and Article 2 (commencing with Section 5020) of Chapter 1 under criteria developed by the office and adopted by the commission. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  185. 5079.20.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The State Public Works Board may acquire certain real property for the office, and the office may accept gifts, dedications, or an option to purchase real property for chapter purposes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.20. (a) Pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), the State Public Works Board may acquire, on behalf of the office, fee title, or any lesser interest, in any real property whose preservation is required to meet the policies and objectives of the California Register, including any interest required to provide public access to cultural or historical resources. (b) The office may accept gifts or dedications of real property in order to meet the purposes of this chapter. (c) The office may enter into an option to purchase real property in order to meet the purposes of this chapter. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  186. 5079.21.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office may acquire and hold historical resources, artifacts, or objects, or interests in them, when needed to provide public access to cultural or historical resources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.21. The office may acquire and hold historical resources, artifacts, or objects, or any interest therein, that are required to provide public access to cultural or historical resources. These items may be acquired by purchase, option to purchase, gift, exchange, dedication, or any combination thereof. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  187. 5079.22.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office may make agreements to preserve and manage historical resources under its control.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.22. The office may, in order to carry out historic preservation projects for purposes of Article 2 (commencing with Section 5020) of Chapter 1 and Article 2 (commencing with Section 5079.10) of this chapter, initiate, negotiate, and participate in agreements for the preservation and management of historical resources under its control with public agencies, nonprofit organizations, private entities, or individuals, and enter into any other agreements authorized by state law. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  188. 5079.23.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The Director of General Services may transfer certain real property only when requested by the office and only if the Director finds the action is in the best interests of the state.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.23. Notwithstanding any other provision of law, the Director of General Services, when so requested by the office, may lease, rent, sell, exchange, or otherwise transfer any real property, or interest therein or option to purchase, acquired under this chapter, provided that the Director of General Services determines that the action is in the best interests of the state. The Department of General Services shall be reimbursed for any services rendered pursuant to this section. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  189. 5079.24.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The commission must adopt procedures, and the office must implement them, to ensure certain real property transactions are in the public interest and properly noticed to the public.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.24. The commission shall adopt, and the office shall implement, appropriate procedures to ensure that real property transactions undertaken pursuant to this chapter are carried out in the public interest and with proper notice to the public. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  190. 5079.25.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The fund’s money can be used for loans and grants only if the Legislature appropriates it, and loans or grants must be tied to the office and approved terms.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.25. Money in the fund shall be available, upon appropriation by the Legislature, for loans and grants to public agencies and nonprofit organizations to carry out the purposes of this chapter. No loan or grant shall be made except pursuant to an agreement with the office, and subject to terms and conditions approved by the commission, that ensure that the loan or grant carries out the purposes of this chapter. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  191. 5079.26.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office must encourage and support historical resource preservation through education activities, and it may use contracts and grants to do so.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.26. (a) The office shall encourage and support historical resource preservation through education activities, including publications and training, that further the policies set forth in Section 5079. (b) The office may enter into contracts with public agencies, nonprofit organizations, or private entities for this purpose and may make grants to public agencies and nonprofit organizations to carry out these activities. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  192. 5079.27.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office may contract with state agencies, private entities, and individuals to provide services needed to carry out this chapter and Section 5020.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.27. The office may select and contract with other state agencies and with private entities and individuals to provide services necessary to carry out the purposes of this chapter and Section 5020.4. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  193. 5079.28.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    Project selection criteria must include several listed preservation and public-policy factors.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 3. Functions of the State Office of Historic Preservation [5079.20 - 5079.28] ( Article 3 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.28. Criteria for the selection of projects shall include, but not be limited to, all of the following: (a) The project is representative of the concerns and needs of a broad range of constituencies or an underrepresented constituency. (b) The proposal considers aspects of the broad political, social, and economic issues of the present and their implications for the future preservation of historical resources. (c) The project effectively links historical resources preservation issues and concerns with other public policy areas. (d) The project strengthens and fosters the role of local communities in historical resources preservation issues. (e) The project supports and enhances the capacity of public policy planning processes to accommodate historical resources preservation issues and concerns. (f) The project enhances the historic preservation program of certified local governments, as defined in subdivision (b) of Section 5020.1, and is consistent with the support of the office of certified local government programs. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  194. 5079.35.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 4. Acquisition of Historical Properties or Objects [5079.35- 5079.35.] ( Article 4 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office may acquire and preserve historical property, but must consult local government before acquisition and must try to return or transfer title of preserved resources when feasible.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 4. Acquisition of Historical Properties or Objects [5079.35- 5079.35.] ( Article 4 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.35. (a) The office may acquire any interest in real property pursuant to Section 5079.20, or personal property pursuant to Section 5079.21, with historical, including archaeological, significance, or necessary for the preservation or management of any such property, in order to prevent the loss of historic integrity or imminent destruction or to otherwise secure the preservation of the historical resource. (b) The office may undertake conservation or preservation activities for historical resources acquired under this chapter. (c) The office shall encourage, to the greatest extent feasible, the acquisition of historical resources by other qualified purchasers, and the acquisition of the property shall only occur with the office acting as the buyer of last resort. (d) The office shall take all feasible action to return or transfer title to the historical resources to a nonprofit organization, public agency, private entity, or individual, for all properties acquired for historical resources preservation under this chapter. (e) Prior to taking any action towards the acquisition of any historical property, the office shall consult as needed with the appropriate city or county in order to better assess the historical significance of the historical property. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  195. 5079.40.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office must award historical preservation grants competitively to public agencies and nonprofit organizations, with noncompetitive awards allowed only for emergencies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.40. The office shall award grants on a competitive basis to public agencies and nonprofit organizations for the preservation of historical resources. A grant made pursuant to this article may not exceed the lesser of one million dollars ($1,000,000) or 50 percent of the cost of the project. A grant may be awarded on a noncompetitive basis for emergency purposes only. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  196. 5079.41.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office must adopt grant guidelines, but only with commission approval.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.41. The office shall adopt guidelines, subject to the approval of the commission, for determination of the amount of matching funds required, if any, for a grant. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  197. 5079.42.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    A public agency may enter into an agreement with a nonprofit organization to carry out a historical resource preservation project funded by a grant under this article.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.42. A public agency may enter into an agreement with a nonprofit organization for the purpose of carrying out a historical resource preservation project funded by a grant made pursuant to this article. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  198. 5079.43.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    After the historical resource preservation project is completed, the grant recipient must return to the office any part of the grant that is more than the eligible project costs.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.43. After completion of the historical resource preservation project, the grant recipient shall return to the office the amount of the grant that exceeds the eligible project costs. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  199. 5079.44.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office must consult as needed with the appropriate city or county to assess the historical significance of historical resources for a nonprofit’s proposed historical resource preservation project.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 5. Historical Resources Preservation Projects [5079.40 - 5079.44] ( Article 5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.44. The office shall consult as needed with the appropriate city or county in order to assess the historical significance of historical resources in connection with an historical resource preservation project proposed pursuant to this article by a nonprofit organization. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  200. 5079.50.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 6. Historical Resource Management Projects [5079.50 - 5079.52] ( Article 6 added by Stats. 1993, Ch. 749, Sec. 3. )

    Verify source ↗

    The office must award grants to public agencies and nonprofit organizations for managing California historical resources affected by impairment or loss of historic integrity.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 6. Historical Resource Management Projects [5079.50 - 5079.52] ( Article 6 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.50. The office shall award grants to public agencies and nonprofit organizations to improve the management of California’s historical resources that, because of natural events or human activities, have suffered impairment or loss of historic integrity. Grants made pursuant to this section shall not be available to acquire public facilities, except to the extent the acquisition is incidental to the historical resource management project. (Amended by Stats. 2004, Ch. 183, Sec. 289. Effective January 1, 2005.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.