Public Resources Code — Part 29 | PRC — United States — California law | Esheria

Public Resources Code

Part 29 of 41 · provisions 5,601–5,800

This act is named the Public Resources Code.

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

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 5079.51.

    ## 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. )

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    After approval of a proposed historical resource management project, the office may spend funds to prepare a protection and enhancement plan for the historical resource.

    ## 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. ) ## 5079.51. After the approval of a proposed historical resource management project, the office may expend funds to prepare a plan for the protection and enhancement of the historical resource. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  2. 5079.52.

    ## 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. )

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    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 management 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 6. Historical Resource Management Projects [5079.50 - 5079.52] ( Article 6 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.52. 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 management project proposed pursuant to this article by a nonprofit organization. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  3. 5079.60.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. )

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    The Legislature finds that California’s archaeological resources are endangered and should be preserved.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.60. The Legislature hereby finds and declares that California’s archaeological resources are endangered by urban development and population growth and by natural forces. The Legislature further finds and declares that these resources need to be preserved in order to illuminate and increase public knowledge concerning the historic and prehistoric past of California. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  4. 5079.61.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. )

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    The office may award grants to public agencies and nonprofit organizations for certain historical resource preservation projects.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.61. The office may award grants to public agencies and nonprofit organizations for historical resource preservation projects that include the acquisition of significant archaeological resource areas and artifacts associated with those sites. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  5. 5079.62.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. )

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    A grant cannot be larger than the project cost, and the office decides the grant amount and any matching-funds requirement.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.62. (a) The amount of the grant shall not exceed the cost of the project. (b) The amount of the grant and the amount of matching funds required, if any, shall be determined by the office, based on the financial resources available to the grant applicant, the urgency of the project relative to other archaeological projects, the extent to which the project furthers program objectives, and other factors identified by the office and approved by the commission that further the purposes of this chapter. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  6. 5079.63.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. )

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    The office may loan funds to a nonprofit organization for temporary acquisition of an archaeological resource if the resource will later be acquired by a public agency.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.63. The office may loan funds to a nonprofit organization for the temporary acquisition of an archaeological resource that will be subsequently acquired by a public agency. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  7. 5079.64.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. )

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    No more than 25% of a grant under this article may be spent on specified archaeological and artifact-preservation activities, and no funds may be spent to survey or excavate a site the owner plans to resell for commercial gain.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.64. Not more than 25 percent of any grant made pursuant to the article may be expended for archaeological survey and reports, special salvage excavation, and artifact preservation activities in conformance with accepted curation standards. No funds shall be expended for the survey or excavation of any site that the owner intends to resell for commercial gain. (Added by Stats. 1993, Ch. 749, Sec. 3. Effective January 1, 1994.)
  8. 5079.65.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. )

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    The office must consult as needed with the appropriate city or county to assess the historical significance of historical resources for certain nonprofit preservation projects.

    ## 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 7. Preservation of Significant Archaeological Resource Areas and Associated Artifacts [5079.60 - 5079.65] ( Article 7 added by Stats. 1993, Ch. 749, Sec. 3. ) ## 5079.65. 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.)
  9. 5079.70.

    ## 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 8. The California Main Street Program [5079.70 - 5079.74] ( Article 8 added by Stats. 2004, Ch. 230, Sec. 13. )

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    This section creates the California Main Street Program within the office to provide technical assistance and training.

    ## 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 8. The California Main Street Program [5079.70 - 5079.74] ( Article 8 added by Stats. 2004, Ch. 230, Sec. 13. ) ## 5079.70. There is hereby created within the office the California Main Street Program to provide technical assistance and training for small cities’ government, business organizations, merchants, and property owners to accomplish community and economic revitalization and development of older central and historic business districts and neighborhoods. (Added by Stats. 2004, Ch. 230, Sec. 13. Effective August 16, 2004.)
  10. 5079.72.

    ## 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 8. The California Main Street Program [5079.70 - 5079.74] ( Article 8 added by Stats. 2004, Ch. 230, Sec. 13. )

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    The section creates the California Main Street Program Fund in the State Treasury and says certain money must be deposited into it and used 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 1.1.5. California Heritage Fund [5079 - 5079.74] ( Chapter 1.1.5 added by Stats. 1993, Ch. 749, Sec. 3. ) ## ARTICLE 8. The California Main Street Program [5079.70 - 5079.74] ( Article 8 added by Stats. 2004, Ch. 230, Sec. 13. ) ## 5079.72. There is hereby established in the State Treasury the California Main Street Program Fund. All private contributions, federal funds, and fees for services, if levied, shall be deposited into the fund for the operation of the program. The moneys in the fund shall be available, upon appropriation by the Legislature, for the purposes of this article. (Added by Stats. 2004, Ch. 230, Sec. 13. Effective August 16, 2004.)
  11. 5079.74.

    ## 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 8. The California Main Street Program [5079.70 - 5079.74] ( Article 8 added by Stats. 2004, Ch. 230, Sec. 13. )

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    The office may incur implementation costs only when enough money has been deposited in and appropriated from the California Main Street Program Fund.

    ## 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 8. The California Main Street Program [5079.70 - 5079.74] ( Article 8 added by Stats. 2004, Ch. 230, Sec. 13. ) ## 5079.74. The office shall incur costs to implement this article only to the extent that funding adequate to cover those costs has been deposited in, and appropriated from, the California Main Street Program Fund. (Added by Stats. 2004, Ch. 230, Sec. 13. Effective August 16, 2004.)
  12. 5079.80.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.6. Natural Resources and Parks Preservation Fund [5079.80- 5079.80.] ( Chapter 1.1.6 added by Stats. 2017, Ch. 26, Sec. 78. )

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    Creates the Natural Resources and Parks Preservation Fund in the State Treasury, gives the Secretary of the Natural Resources Agency administration responsibility, and requires public outreach before the agency adopts grant guidelines and selection criteria.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.1.6. Natural Resources and Parks Preservation Fund [5079.80- 5079.80.] ( Chapter 1.1.6 added by Stats. 2017, Ch. 26, Sec. 78. ) ## 5079.80. (a) The Natural Resources and Parks Preservation Fund is hereby created in the State Treasury, to be administered by the Secretary of the Natural Resources Agency. (b) The fund shall consist of moneys deposited in the fund pursuant to any law. (c) Moneys in the fund shall be available, upon appropriation by the Legislature, for programs to restore, preserve, protect, manage, or enhance California’s natural, historical, or cultural resources or the environmental quality of the state. (d) Programs eligible for funding include, but are not limited to, programs that would further the purposes of the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) or the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). (e) (1) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development and adoption of program guidelines and selection criteria adopted to provide grants from the fund. This paragraph shall not be construed to exempt other uses of the fund from application of that chapter. (2) Prior to adopting program guidelines and selection criteria for providing grants from the fund, the agency shall conduct public outreach at meetings and workshops offering all interested parties an opportunity to comment. (Added by Stats. 2017, Ch. 26, Sec. 78. (SB 92) Effective June 27, 2017.)
  13. 508.

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

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    The director may accept federal grants for the department’s purposes if the Director of Finance approves.

    ## 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. ) ## 508. The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Amended by Stats. 1967, Ch. 1179.)
  14. 508.5.

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

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    For fund allocation under this code, San Francisco must be treated by the Department of Parks and Recreation as both a city and a county.

    ## 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. ) ## 508.5. Notwithstanding Section 14, or any other provision of law, the City and County of San Francisco shall be considered both a city and a county by the Department of Parks and Recreation for purposes of the allocation of funds pursuant to any provision of this code. (Added by Stats. 1990, Ch. 1286, Sec. 1.)
  15. 5080.02.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

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    This section defines three terms used in the article: Board, Commission, and Contract.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.02. As used in this article, the following terms shall have the following meanings: (a) “Board” means the State Public Works Board. (b) “Commission” means the State Park and Recreation Commission. (c) “Contract” means a contract for the construction, maintenance, and operation of a concession. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  16. 5080.03.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

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    The department may contract for concessions in state park system units, but not solely for revenue, and proposed concessions must fit any approved general development plan.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.03. (a) The department may enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system. (b) Concessions shall not be entered into solely for their revenue producing potential. (c) With respect to any unit of the state park system for which a general development plan has been approved by the commission, any proposed concession at that unit shall be compatible with that plan. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  17. 5080.05.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

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    Contracts letting occupancy of state park system property for more than three years must be awarded to the best responsible bidder, unless Section 5080.16 applies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.05. (a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than three years shall be awarded to the best responsible bidder. (b) “Best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder. (Amended by Stats. 2018, Ch. 742, Sec. 6. (SB 1493) Effective January 1, 2019.)
  18. 5080.06.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

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    For certain state park contracts lasting more than three years, the department must prepare an invitation to bid, include a summary of concession terms, and usually state the minimum acceptable rent; bids must be based only on that invitation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.06. For a contract authorizing occupancy by the concessionaire for a period of more than three years of any portion of the state park system, the department shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the concession sufficient to enable persons to bid solely on the basis of rates to be paid to the state. The invitation to bid shall specify the minimum acceptable rent, except in instances in which a minimum acceptable rent cannot be ascertained because of the novelty or uniqueness of the service or facility to be provided or in instances in which the department has determined that a better return to the state can be secured by not specifying a minimum acceptable rent. Bids shall be made only on the basis of the invitation to bid. (Amended by Stats. 2017, Ch. 230, Sec. 1. (AB 1504) Effective January 1, 2018.)
  19. 5080.07.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

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    For certain state park system occupancy contracts lasting more than three years, the department must give public notice to bidders, and the notice must include specified bid details.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.07. (a) Notwithstanding the provisions of Sections 11080 and 11081 of the Government Code, public notice to bidders shall be given of all proposed contracts authorizing the occupancy of property in the state park system for a period of more than three years, as follows: (1) The department shall advertise the notice through appropriate public media to the extent that the department determines is sufficient to provide adequate coverage. (2) If the director determines that, in view of the type of concession involved, the public interest would be best served by the solicitation of bids from out-of-state bidders, the director shall give additional notice as the director finds is best suited to attract bids from out-of-state bidders. (b) The published notice shall state where bid forms may be obtained, the time and place for the receiving and opening of sealed bids, and shall describe, in general terms, the concession to be operated. (Amended by Stats. 2025, Ch. 401, Sec. 6. (AB 1520) Effective January 1, 2026.)
  20. 5080.08.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department must obtain questionnaire and financial statement answers from prospective bidders, and the bidder must verify the completed materials under oath.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.08. (a) The department shall require from prospective bidders answers to questions contained in a standard form of questionnaire and financial statement, including a complete statement of the prospective bidder’s financial ability and experience in maintaining and operating similar or related concessions or business activities. When completed, the questionnaire and financial statement shall be verified under oath by the bidder. (b) The questionnaires and financial statements are confidential and are not open to public inspection. However, this subdivision shall not be construed to prevent reference thereto or use thereof in a civil action or a criminal prosecution by the state for a false statement contained therein. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  21. 5080.09.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    All bids must be submitted in sealed cover.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.09. All bids shall be presented under sealed cover. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  22. 5080.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    Bids may not be received after the time fixed in the public notice for opening bids, even if the bids are not opened exactly on time.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.10. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  23. 5080.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    A bidder may withdraw a bid before the opening time stated in the public notice, but only by a written request filed with the director and signed by the bidder or an authorized representative.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.11. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, but only by written request of the withdrawal of the bid filed with the director. The request shall be signed by the bidder or by an authorized representative. The withdrawal of a bid does not prejudice the right of a bidder to file a new bid prior to the date and time set for the opening of bids. This section does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  24. 5080.12.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department must open sealed bids publicly on the day named in the public notice, review all bids, and may award the concession on or after the 15th day after bids are opened to the best responsible bidder.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.12. On the day named in the public notice, the department shall publicly open the sealed bids. The department shall carefully study and analyze all bids and, on or after the 15th day after the bids are opened, may award the concession to the bidder then determined to be the best responsible bidder. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  25. 5080.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    A successful bidder must sign and deliver the contract within 30 days of receipt and provide the required bond, surety, and evidence of insurance, or the department may treat the omission as a refusal.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.13. If the successful bidder does not sign and deliver the contract within 30 days of receipt thereof and does not provide the state with a bond or other surety and evidence of insurance required thereunder, and on the time limit presented, the department may elect to treat that omission as a refusal to execute the contract. If the director deems it is for the best interests of the state, he or she may, on the refusal or failure of the successful bidder to execute the contract, award it to the second best responsible bidder. If the second best responsible bidder fails or refuses to execute the contract, the director may likewise award it to the third best responsible bidder. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  26. 5080.14.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The director may reject all bids if accepting any bid would not be in the state’s best interests.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.14. If the director deems that the acceptance of any bid is not for the best interests of the state, he or she may reject all bids. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  27. 5080.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    A bidder may not be relieved from a bid or have the bid changed because of mistakes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.15. A bidder shall not be relieved of his or her bid and no change shall be made in his or her bid because of mistakes. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  28. 5080.16.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The director may negotiate or renegotiate a contract if it is in the state’s best interests, notice is given to the commission, and one or more listed conditions are met.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.16. If the director determines that it is in the best interests of the state, the director, upon giving notice to the commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist: (a) The bid process as prescribed in this article has failed to produce a best responsible bidder. (b) The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage. (c) Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession. (d) Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes. (e) Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action, including, but not limited to, drought, restricted access, and fires. (f) Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state. (Amended by Stats. 2017, Ch. 230, Sec. 2. (AB 1504) Effective January 1, 2018.)
  29. 5080.17.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    Concession contracts must be approved by the Attorney General and the Director of General Services before they bind the state, but Director approval is not required if the contract lets occupancy last one year or less.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.17. (a) Every contract awarded pursuant to the bidding requirements of this article, pursuant to the request for proposal process specified in Section 5080.23, or negotiated or renegotiated pursuant to Section 5080.16, shall be submitted to the Attorney General for approval for legal sufficiency and to the Director of General Services for approval pursuant to Section 11005.2 of the Government Code, the requirements of which are the only requirements applicable to the approval of contracts entered into pursuant to this article. The concession contract is not binding on the state until approved by the Attorney General and the Director of General Services. (b) Notwithstanding Section 11005.2 of the Government Code and subdivision (a) of this section, the approval of a concession contract by the Director of General Services shall not be required unless the concession contract authorizes occupancy of a unit of the state park system for a period of more than one year. (Amended by Stats. 1994, Ch. 1067, Sec. 2. Effective September 29, 1994.)
  30. 5080.18.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    This section requires concession contracts to include limits on term length, bidding rules for renewals, financial reporting, audit access, insurance, a performance bond or approved deposit, nondiscrimination, and written contract changes.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.18. A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions: (a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full use of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. (2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. (3) (A) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. (B) Notwithstanding any other law or any other agreement, in furtherance of a concession agreement, pending concession agreement, or amendment to a concession agreement between the County of Los Angeles and a private entity at the state-owned Will Rogers State Beach, development or renovation of capital improvements, whether public or private, and related public access and recreation improvements shall be exempt from any municipal demolition, grading, building, or discretionary permits required by state law or municipal building and zoning codes or from approvals by municipal agencies and shall be subject only to the approval by the County of Los Angeles and a coastal development permit or amendment to a coastal development permit from the California Coastal Commission. (4) Notwithstanding paragraph (2), the department may negotiate the term of the existing concession contract with the Crystal Cove Management Company to extend the term of that contract up to an additional 20 years, if the director determines that this term extension is necessary to allow Crystal Cove Management Company to qualify and complete requirements for rehabilitation tax credits pursuant to Section 47 of Title 26 of the United States Code for the rehabilitation of historic structures to facilitate and support the Phase III restoration of the 17 historic cottages at Crystal Cove State Park. This rehabilitation shall include the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical. Negotiated terms pursuant to this subdivision shall be based on the value of the term’s extension, and may include, but are not limited to, an increased rental rate as consideration for the extended term. All moneys invested by third parties in connection with receipt of these rehabilitation tax credits shall be used for the construction, development, and operation of the Phase III restoration of the 17 historic cottages at Crystal Cove State Park. (5) (A) Notwithstanding paragraph (2), the department may negotiate a concession contract, for a term of not more than 30 years, or an extension of an existing concession contract, for a term of up to an additional 30 years, and may negotiate other terms, including, but not limited to, rent, based on the value of the term or the term’s extension as consideration for the Mexican Commercial Corner, El Opal Restaurant, and Casa de Bandini and The Cosmopolitan Hotel and Restaurant at Old Town San Diego State Historic Park. (B) The property known as El Fandango and other adjacent properties may be added to the concession premises to enable increased pedestrian access. (C) The terms of the concession contract or the extension of an existing concession contract shall require the concessionaire to provide for capital improvements of substantial and additional concession facilities, and improvements of existing concession facilities, to be constructed at the sole expense of the concessionaire, that are consistent with the general plan for Old Town San Diego State Historic Park and are needed to accommodate existing or projected increased public usage. The minimum amount of the capital improvements shall be negotiated between the department and the concessionaire and shall be no less than three million dollars ($3,000,000). The capital improvements shall be the sole property of the state. The capital improvements may include, but are not limited to, both of the following: (i) The demolishment and reconstruction of the property known as El Fandango. This space may include both indoor and outdoor concession and interpretive opportunities. (ii) The construction of pedestrian access between the properties known as the Land of the First People exhibit area and the historic core of Old Town San Diego State Historic Park. (D) Upon the termination of the concession contract or upon the termination of an existing concession contract that was extended, the concession shall be put out to bid in accordance with the bidding requirements of this article. (b) Every concessionaire shall submit to the department an annual financial statement prepared or audited by a certified public accountant. (c) Every concession shall be subject to audit by the department. (d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire. (e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured. (f) Any discrimination by the concessionaire or the concessionaire’s agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited. (g) To be effective, any modification of the concession contract shall be evidenced in writing. (h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire. (i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law. (j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney’s fees, costs, and expenses associated with that opposition or cancellation. (Amended by Stats. 2025, Ch. 401, Sec. 7. (AB 1520) Effective January 1, 2026.)
  31. 5080.19.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department must regularly study the commercial rental market and use that information for concessions. Concession rent and other returns must generally match current market conditions, with an exception if the director finds a public service or facility must be provided at below fair market value.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.19. (a) In order to assure the best possible return from concessions, the department shall periodically survey, and obtain advice and information from professional property managers regarding, the commercial rental market for public and private properties in areas where concessions exist or are expected to be authorized and compile information therefrom, and shall use that information for the purposes of Section 5080.06 and subdivision (b) of this section. (b) Rent and other returns received from concessions shall reflect current commercial rental market conditions, except in instances when the director has determined that a particular service or facility needs to be furnished to the public and that service or facility cannot be furnished except at less than a fair market value rate of return to the state. (c) Rental terms of concessions that operate seasonally shall reflect the seasonal characteristics of those concessions. (d) Rent shall be paid on the basis of the higher of a flat monthly amount or a percentage of gross sales, except in those instances in which part of the compensation paid by a concessionaire consists of the value assigned to services performed by the concessionaire on behalf of the department and those services are of a type normally performed by departmental personnel. (Amended by Stats. 1992, Ch. 1057, Sec. 2. Effective January 1, 1993.)
  32. 5080.20.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    Large concession contracts over $1,000,000 cannot be advertised, negotiated, renegotiated, or materially amended until specified review, notice, and documentation steps are completed.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.20. A contract, including a contract entered into on lands operated pursuant to an agreement entered into under Article 2 (commencing with Section 5080.30), that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000), shall not be advertised for bid, negotiated, renegotiated, or amended in any material respect unless and until all of the following requirements have been complied with: (a) The commission has reviewed the proposed services, facilities, and location of the concession and determined that they meet the requirements of Sections 5001.9 and 5080.03 and are compatible with the classification of the unit in which the concession will be operated. (b) At least 30 days advance written notice of the proposed concession has been provided by the director to the appropriate policy and fiscal committees of the Legislature and the Joint Legislative Budget Committee. (c) The proposed concession is accompanied with documentation sufficient to enable the commission and the Joint Legislative Budget Committee to ascertain whether the concession will conform to the requirements of this article and to evaluate fully all terms on which the concession is proposed to be let, including the rent and other returns anticipated to be received. (Amended by Stats. 2015, Ch. 559, Sec. 8. (AB 549) Effective January 1, 2016.)
  33. 5080.21.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department must include a section in its annual concessions-program statement describing new concessions from the prior fiscal year, each contract’s terms, and the terms used to advertise each concession for bid.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.21. The department shall include in its annual statement on the concessions program a section setting forth all new concessions entered into during the preceding fiscal year, the terms of each contract, and the terms on which each concession was advertised for bid. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  34. 5080.22.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    This section bars concession contracts from giving the contractor trademark or service mark interests in state park venue names or related resources, blocks awards to certain bidders who made those claims, and requires notice and a hearing process for denied bidders.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.22. (a) (1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest. (2) This subdivision does not constitute a change in, but is declaratory of, existing law. (b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies: (1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a). (2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith. (c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing. (d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable. (e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded. (Added by Stats. 2016, Ch. 413, Sec. 5. (AB 2249) Effective January 1, 2017.)
  35. 5080.23.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    This section lets the director award certain long-term state park concession contracts, requires a request for proposal process, and sets an extra compliance rule for larger contracts.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.23. (a) Notwithstanding any other provision of this article, with respect to concession contracts entered into on and after October 1, 1994, if the director determines that it is in the best interests of the state, the director may, upon giving notice to the State Parks and Recreation Commission, in lieu of the process for awarding contracts otherwise prescribed in this article, award contracts authorizing occupancy of any portion of the state park system for a period of more than three years to the best responsible person or entity submitting a proposal for a concession contract. (b) For any concession contract authorizing occupancy by the concessionaire for a period of more than three years of any portion of the state park system that is entered into pursuant to this section, the department shall prepare a request for proposal, which shall include the terms and conditions of the concession sufficient to enable a person or entity to submit a proposal for the operation of the concession on the basis of the best benefit to the state. Proposals shall be completed only on the basis of the request for proposal. (c) Any concession contract entered into pursuant to this section that is expected to involve a total investment or gross sales in excess of one million dollars ($1,000,000) shall comply with the requirements for entry into contract that are set forth in Section 5080.20. (d) For purposes of this section, “best responsible person or entity submitting a proposal” means the person or entity submitting a proposal, as determined by specific standards established by the department, that will operate the concession in the best interests of the state and the public. (Amended by Stats. 2018, Ch. 742, Sec. 7. (SB 1493) Effective January 1, 2019.)
  36. 5080.24.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department may make an interim agreement with the Pacific Grove-Asilomar Operating Corporation, but the agreement must include several conditions about pay, rates, meetings, and public-record disclosure.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.24. (a) The department may enter into an interim agreement with the Pacific Grove-Asilomar Operating Corporation on the same basis as the cancelled contract, except that it shall be modified as specified by subdivisions (b) to (e), inclusive, until the department awards a contract pursuant to Section 5080.25. (b) Any interim agreement pursuant to subdivision (a) shall provide that the amount of compensation received by the general manager of the Pacific Grove-Asilomar Operating Corporation shall be subject to determination by the Legislature in the annual Budget Act. (c) Any interim agreement pursuant to subdivision (a) shall require the Pacific Grove-Asilomar Operating Corporation to continue to set rates and to take reservations for dates beyond the date for which the interim agreement is operative. (d) Any interim agreement pursuant to subdivision (a) shall provide that the meetings of the board of directors of the Pacific Grove-Asilomar Operating Corporation shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the board of directors shall be considered a state body under subdivision (b) of Section 11121 of the Government Code. (e) Any interim agreement pursuant to subdivision (a) shall provide that all business and financial records of the Pacific Grove-Asilomar Operating Corporation, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The term “employment contract” as used in Section 7928.400 of the Government Code shall be deemed to mean an employment contract between the Pacific Grove-Asilomar Operating Corporation and its employee. (Amended by Stats. 2021, Ch. 615, Sec. 371. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  37. 5080.25.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department must enter into a contract for concessions at the Asilomar Conference Grounds, and the contract must include several conditions on bidding, review, records, meetings, and concessionaire obligations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.25. (a) The department shall enter into a contract for the construction, maintenance, and operation of concessions at the Asilomar Conference Grounds. The contract shall be awarded pursuant to this article, except this section shall prevail in case of conflict between this section and this article. (b) The contract shall not be advertised for bid, negotiated, renegotiated, or amended in any material respect unless it has been submitted to the Legislature for review. (c) The contract shall require the concessionaire to pay for administrative costs, capital expenditures, and department staff necessary for the operation of, and improvements to, the Asilomar State Beach and Conference Center, including restoration projects. (d) The contract shall require all capital improvements to the Asilomar State Beach and Conference Center to be solely the property of the state. (e) The contract shall require the concessionaire to honor all rates and reservations made by the Pacific Grove-Asilomar Operating Corporation under the interim agreement described in Section 5080.24. (f) The contract shall require the concessionaire to give preference to the employees of the Pacific Grove-Asilomar Operating Corporation when staffing the operation of the concessionaire. (g) The contract shall emphasize the importance of protecting the natural and cultural values of the Asilomar State Beach and Conference Center. (h) In awarding the contract, the department shall consider bids or proposals from both nonprofit and for-profit entities. (i) If the contract is awarded to a concessionaire governed by a board of directors, the contract shall require the department to be present at meetings of the board of directors relating to the construction, maintenance, finances, or operation of concessions at the Asilomar Conference Grounds, and shall require those meetings to be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). If the contract is awarded to a concessionaire that is not governed by a board of directors, the contract shall require the concessionaire to hold quarterly meetings at the Asilomar Conference Grounds, relating to the construction, maintenance, finances, or operation of concessions at the Asilomar Conference Grounds, at which the department shall be present, that shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (j) The contract shall provide that all business and financial records of the concessionaire relating to the construction, maintenance, or operation of concessions at the Asilomar Conference Grounds, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The term “employment contract” as used in Section 7928.400 of the Government Code shall be deemed to mean an employment contract between the concessionaire and its employee. (k) In awarding the contract, the department shall consider without prejudice any bid or proposal submitted by the Pacific Grove-Asilomar Operating Corporation. (l) The department shall, for the purpose of ensuring that all bidders are afforded an equal opportunity to compete for the contract, consider the estimated amount of fees or taxes that might be paid to the state or to a local government by a bidder as a result of the contract among those factors to be used to evaluate the bidder’s bid or proposal for the contract. The department shall consult with the Department of Finance and the Board of Equalization to obtain information necessary to estimate the amount of fees or taxes that might be paid by a bidder as a result of the contract. (m) Any revenues received by the department pursuant to the contract that are identified by the department as funds in excess of the approved operating budget and the approved capital improvement budget for the Asilomar Conference Grounds shall be deposited in the State Parks and Recreation Fund. (n) On or before January 1, 1995, the department shall submit a request for proposal for the contract to the Assembly Water, Parks, and Wildlife Committee, the Senate Natural Resources Committee, the Assembly Ways and Means Committee, and the Senate Budget and Fiscal Review Committee for review. (Amended by Stats. 2021, Ch. 615, Sec. 372. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  38. 5080.26.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department must advertise certain concession request-for-proposal notices, and the director must give extra notice when out-of-state proposals would better serve the public interest.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.26. (a) Notwithstanding Sections 11080 and 11081 of the Government Code, public notice of a request for proposal shall be given to persons or entities for the purpose of soliciting proposals for any concession contract authorizing the occupancy of property in the state park system for a period of more than three years that is entered into pursuant to Section 5080.23, as follows: (1) The department shall advertise the notice through appropriate public media to the extent that the department determines is sufficient to provide adequate coverage. (2) If the director determines that, in view of the type of concession involved, the public interest would be best served by the solicitation of proposals from out-of-state persons or entities, the director shall give additional notice as the director finds is best suited to attract proposals from out-of-state persons or entities. (b) The published notice shall state where forms for proposals may be obtained, the time and place for the receipt and review of proposals, and shall describe, in general terms, the concession to be operated. (Amended by Stats. 2025, Ch. 401, Sec. 8. (AB 1520) Effective January 1, 2026.)
  39. 5080.28.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department may negotiate a contract extension of up to two years for the Columbia State Park hotel concession, and when the extension ends the concession must be bid again under this article.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.28. Notwithstanding any other provision of law, the department may negotiate an agreement of up to two years duration to extend the hotel concession contract in existence on January 1, 1999, for the Columbia State Park. Upon termination of the extension agreement, the concession shall be put out to bid in accordance with the bidding requirements of this article. (Added by Stats. 1999, Ch. 66, Sec. 9. Effective July 6, 1999.)
  40. 5080.29.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. )

    Verify source ↗

    The department may enter into concession contracts for marina development, operation, and maintenance, with terms up to 30 years if the director makes the required determination.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 1. Concessions [5080.02 - 5080.29] ( Article 1 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## 5080.29. Notwithstanding any other provision of law, including subdivision (a) of Section 5080.18, the department may enter into concession contracts for the development, operation, and maintenance of marinas, for a term of up to 30 years, if the director determines that the term authorized under this section is necessary to allow for amortization of the loan, or to serve the best interests of the state. (Added by Stats. 2004, Ch. 109, Sec. 1. Effective January 1, 2005.)
  41. 5080.30.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may make agreements with specified public agencies to manage lands for state park purposes, and related expenses may be paid from several listed public funds or revenues.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.30. Agreements may be entered into between the department and any agency of the United States, any city, county, district, or other public agency, or any combination thereof, for the care, maintenance, administration, and control by any party to the agreement, of lands under the jurisdiction of any party to the agreement for the purpose of the state park system. The expenses of the care, maintenance, administration, and control may be paid from the general fund of the city, county, district, or other public agency, from the funds of the department, from any funds available to the agency of the United States for these purposes, as the case may be, or from revenues generated on the lands subject to the agreement. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  42. 5080.31.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    For certain state park units covered by an agreement, the general plan must explain how the unit will be operated and must be reviewed by the commission; it may be prepared by either the department or the operating public agency.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.31. (a) The general plan for a unit of the state park system that is the subject of an agreement entered into pursuant to this article shall, in addition to the requirements set forth in Section 5002.2, specifically evaluate and define the manner in which the unit is proposed to be operated. The general plan shall be reviewed by the commission for a determination that the unit will be operated in a manner that generally meets the standards followed by the department in its operation of similar units, that enhances the general public use and enjoyment of, and recreational and educational experiences at, the unit, and that provides for the satisfactory management of park resources. (b) The general plan for a unit that is the subject of an agreement entered into pursuant to this article may be prepared either by the department or by the public agency that is to operate the unit pursuant to the agreement. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  43. 5080.32.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    Money from lands covered by an operating agreement must be used only for specified state park purposes, with limited exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.32. (a) Except as provided in subdivision (b), revenues received from lands subject to an operating agreement entered into pursuant to this article shall be available to the department only for the care, maintenance, operation, administration, improvement, or development of the unit of the state park system in which the lands from which the revenues were derived are located and any recreational trail providing access to those lands. (b) (1) As to operating agreements that are in force on September 30, 1994, if a local agency operates more than one unit of the state park system under the operating agreement, revenues received in excess of the care, maintenance, operation, administration, improvement, or development of one unit may be utilized for those purposes at other units of the state park system operated by the local agency. (2) As to operating agreements entered into, renewed, or renegotiated on and after October 1, 1994, revenues received from lands subject to an operating agreement in excess of the cost, maintenance, operation, administration, improvement, or development of those lands, as determined by the department, shall be available to the department, upon appropriation by the Legislature in the Budget Act, for expenditure for support of the department. (Amended by Stats. 1994, Ch. 1067, second Sec. 4. Effective September 29, 1994.)
  44. 5080.33.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    A concession on covered lands may be authorized only if the public agency follows qualifying public bidding procedures, and it cannot be advertised for bid until the director approves the proposed terms in writing.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.33. A concession may be authorized on lands subject to an agreement entered into pursuant to this article, so long as the public agency complies with public bidding procedures that provide for at least the same degree of participation and competition as the procedures established by Article 1 (commencing with Section 5080.01). No concession may be advertised for bid unless and until the director has approved in writing the terms on which the concession is proposed to be let. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  45. 5080.34.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    Agreements and concession contracts under this article must expressly bar discrimination based on marital status, ancestry, or characteristics covered by Government Code Section 11135.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.34. Every agreement entered into pursuant to this article and every contract for a concession on lands that are subject to an agreement entered into pursuant to this article shall expressly prohibit discrimination against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code. (Amended by Stats. 2007, Ch. 568, Sec. 42. Effective January 1, 2008.)
  46. 5080.35.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    If the department plans to enter an operating agreement for a state park system unit, it must notify each legislator whose district contains that unit.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.35. Whenever the department intends to enter into an operating agreement pursuant to this article with respect to a unit of the state park system, the department shall notify each Member of the Legislature in whose district that unit is located of its intention. (Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
  47. 5080.36.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may make an operating agreement with a qualified nonprofit for El Presidio de Santa Barbara State Historic Park, and several reporting, meeting, review, and notice steps are required.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.36. (a) Notwithstanding any provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, and control of El Presidio de Santa Barbara State Historic Park. The agreement shall include, but is not limited to, the following: (1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. (2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall include a full accounting of all revenues and expenditures for El Presidio de Santa Barbara State Historic Park. (3) All revenues received from El Presidio de Santa Barbara State Historic Park shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. (b) The district superintendent for the department shall, following submittal of the annual report under subdivision (a), hold a public meeting for discussion of the report and any operating policies or procedures. Any recommendation resulting from the annual public meeting shall be submitted by the district superintendent to the director for review and approval. (c) The general plan for El Presidio de Santa Barbara State Historic Park shall, in addition to the requirements set forth in Section 5002.2, specifically evaluate and define the manner in which the unit is proposed to be operated. The general plan shall be reviewed by the State Park and Recreation Commission for a determination that the unit will be operated in a manner that generally meets the standards followed by the department in its operation of similar units, that enhances the general public use and enjoyment of, and recreational and educational experiences at, the unit, and that provides for the satisfactory management of park resources. (d) Whenever the department intends to enter into an operating agreement with respect to El Presidio de Santa Barbara State Historic Park, the department shall notify each Member of the Legislature in whose district the unit is located of that intention. (Amended by Stats. 2006, Ch. 538, Sec. 567. Effective January 1, 2007.)
  48. 5080.36.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department and the City of Malibu may enter into an operating agreement for the Malibu Pier, but only for up to 30 years and only if rent is reviewed and adjusted at least every five years.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.36.1. (a) The Legislature hereby finds and declares that the department and the City of Malibu are in the process of entering into an operating agreement for the purpose of negotiating a concession contract that would require the City of Malibu to repair and refurbish, and operate, the Malibu Pier, and that the standard 20-year term is insufficient to enable the City of Malibu to amortize the type and scale of repairs and improvements that the department will require the City of Malibu to make. (b) The department and the City of Malibu may enter into an operating agreement for the repair, refurbishment, and operation of the Malibu Pier for a period not to exceed 30 years if the operating agreement also requires the rent to be reviewed and adjusted at least every five years to reflect economic conditions in the area in which the pier is located. (Added by Stats. 1996, Ch. 246, Sec. 1. Effective July 22, 1996.)
  49. 5080.36.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may make a restoration agreement with Save Mount Diablo, and that agreement must follow specified historic-preservation standards, be audited by a conservator company, and place restoration costs on Save Mount Diablo.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.36.2. (a) Notwithstanding any other provision of this article, the department may enter into a restoration agreement with Save Mount Diablo, a nonprofit organization, for the purpose of restoring the Mount Diablo Beacon on top of the Summit Building in Mount Diablo State Park. The agreement shall include, but is not limited to, all of the following: (1) A requirement that the restoration agreement shall follow the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties guidelines and the guidelines set forth by the American Institute for Conservation of Historic and Artistic Works. (2) A requirement that the restoration agreement shall also comply with any applicable code of ethics or guidelines for practice governing the rehabilitation and preservation of historical sites and buildings. All plans for the work, the work in process, and the finished work shall be audited by a conservator company pursuant to a contract with the company. (3) All costs of the restoration of the Mount Diablo Beacon shall be incurred under the authority of, and be the responsibility of, Save Mount Diablo. (b) The restoration agreement that the department is authorized to enter into with Save Mount Diablo pursuant to subdivision (a) is intended to cover restoration work performed primarily by volunteers. However, nothing in this section shall preclude Save Mount Diablo from contracting for work performed by an individual or entity on a paid or for-profit basis. (Added by Stats. 2012, Ch. 141, Sec. 2. (AB 1916) Effective July 17, 2012.)
  50. 5080.37.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    If Santa Monica State Beach revenues exceed certain costs and future needs, the surplus can be appropriated to the City for pier repair and related improvements; after that work is done, 25% of excess revenues can be used for further pier and shorefront improvements.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.37. (a) The Legislature hereby finds and declares that revenues generated at Santa Monica State Beach may be expected to exceed the total costs incurred by the City of Santa Monica in caring for, maintaining, operating, administering, improving, and developing the unit and that a portion of those revenues may appropriately be made available to provide for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational experiences at, the Santa Monica City pier and other related shorefront facilities owned and operated by the City of Santa Monica. (b) Accordingly, notwithstanding Section 5080.32, whenever revenues generated from all sources at Santa Monica State Beach exceed the actual costs incurred by the City of Santa Monica in caring for, maintaining, operating, administering, improving, and developing that unit and exceed any foreseeable needs for the further improvement and development of that unit, the surplus shall be available for appropriation in the Budget Act to the city, as a local assistance grant, in the succeeding fiscal year for the repair of the Santa Monica pier and the improvement and development of parking facilities providing access to the pier until that repair, improvement, and development is complete. After the repair, improvement, and development is completed, 25 percent of the excess revenues shall be available for appropriation in the Budget Act to the city as a local assistance grant for the further improvement and development of the pier and other shorefront facilities owned and operated by the City of Santa Monica that adjoin the state beach. (c) The amount of any surplus shall be determined by the director, and the department may perform audits as may be necessary to determine this amount. (Added by Stats. 1987, Ch. 1358, Sec. 2.5.)
  51. 5080.38.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    If the Marconi property is acquired at no cost to the state, the department may make an operating agreement with a qualified nonprofit organization for the Marconi Conference Center.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.38. Notwithstanding any provision of this article, if title in fee, to the so-called Marconi property, near the community of Marshall in the County of Marin, is acquired at no cost to the state, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, and control of the Marconi Conference Center. (Added by Stats. 1988, Ch. 1614, Sec. 8.)
  52. 5080.39.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department and certain other state, local, and federal agencies are encouraged to cooperate with private groups and associations on fish habitat and restoration work for the Adopt a Lake Program.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.39. The department and other appropriate state and local agencies, and federal agencies to the extent permitted by federal law, with jurisdiction over inland waters are encouraged to cooperate with private groups and associations in order to do fish habitat and restoration work to implement the Adopt a Lake Program pursuant to Section 2003.5 of the Fish and Game Code. (Added by Stats. 1988, Ch. 850, Sec. 3.)
  53. 5080.40.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    Before certain operating leases or agreements are entered into or amended, the director must give the Joint Legislative Budget Committee 30 days’ written notice, a copy of the proposal, and enough documentation to review costs, revenues, and terms.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.40. (a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee. (b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following: (1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs. (2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues. (c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: (1) The lease or agreement involves operation of only a portion of a unit of the state park system. (2) The term of the lease or agreement is for a period of 20 years or less. (3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. (4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. (d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: (1) The amendment involves operation of only a portion of a unit of the state park system. (2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. (3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. (Amended by Stats. 2016, Ch. 540, Sec. 4. (SB 1111) Effective January 1, 2017.)
  54. 5080.41.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may enter a time-limited operating agreement for a children’s museum, and related parties must follow specified notice, liaison, construction, and revenue-use rules.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.41. (a) Notwithstanding any other provision of this article, until January 1, 2014, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, and control of a children’s museum in Old Sacramento State Historic Park in the City of Sacramento. The agreement shall include, but is not limited to, the following: (1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. (2) The operating agreement shall specify the manner in which the children’s museum is proposed to be operated. (3) All revenues received from the operation of the children’s museum shall be expended only for the care, maintenance, operation, administration, improvement, or development of the museum. (4) In constructing the children’s museum, the nonprofit organization shall incorporate historical architectural features consistent with buildings existing in Sacramento in the mid-1800s. (b) Whenever the department intends to enter into an operating agreement with respect to a children’s museum in Old Sacramento State Historic Park in the City of Sacramento, the department shall notify each Member of the Legislature in whose district the unit is located of that intention. (c) This section does not authorize the demolition of any state building. (Added by Stats. 2008, Ch. 761, Sec. 3. Effective September 30, 2008.)
  55. 5080.42.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may make operating agreements with qualified nonprofit organizations for state park units, but the agreement must include reporting, public notice, and oversight conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.42. (a) Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the department’s authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions: (1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. (2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the internet websites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement. (3) (A) Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit. (B) If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that unit’s care, maintenance, operation, administration, improvement, or development. (4) General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section. (5) Jobs maintained under a memorandum of understanding between the state and the represented bargaining units shall not be eliminated pursuant to the agreement and shall continue to be state employment. (b) An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement. (c) An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department. (d) This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values. (e) The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report. (f) If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department. (g) For purposes of this section, a qualified nonprofit organization is an organization that is all of the following: (1) An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources. (3) An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (h) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 80, Sec. 111. (SB 1525) Effective January 1, 2025.)
  56. 5080.43.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may make a restoration agreement with the Leland Stanford Mansion Foundation for the front staircase project, and the agreement must include specified restoration standards and audit requirements.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.43. (a) Notwithstanding any other provision of this article or Article 3 (commencing with Section 5080.50), the department may enter into a restoration agreement with the Leland Stanford Mansion Foundation, a nonprofit organization, for the purpose of restoring the front staircase at the Leland Stanford Mansion State Historical Park. The agreement shall include, but shall not be limited to, all of the following: (1) A requirement that the restoration shall follow the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties guidelines and the guidelines set forth by the American Institute for Conservation of Historic and Artistic Works. (2) A requirement that the restoration also shall comply with any applicable code of ethics or guidelines for practice governing the rehabilitation and preservation of historical sites and buildings. All plans for the work, the work in process, and the finished work shall be audited by the department. (3) All costs of the restoration of the front staircase at the Leland Stanford Mansion State Historical Park shall be incurred under the authority of, and be the responsibility of, the Leland Stanford Mansion Foundation. (b) Nothing in this section shall preclude the Leland Stanford Mansion Foundation from contracting for work performed by an individual or entity on a paid or for-profit basis. (Added by Stats. 2014, Ch. 664, Sec. 4. (AB 1478) Effective September 27, 2014.)
  57. 5080.44.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. )

    Verify source ↗

    The department may accept money donations and may enter agreements with youth-serving public or nonprofit organizations for youth park programs and projects.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 2. Operating Agreements with Other Agencies and Organizations [5080.30 - 5080.44] ( Heading of Article 2 amended by Stats. 1986, Ch. 787, Sec. 1. ) ## 5080.44. (a) The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b). (b) Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following: (1) Restoring California’s natural, historic, archaeological, recreational, and scenic resources. (2) Training young people to be public land and resources managers and stewards for careers in public service. (3) Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner. (Added by Stats. 2015, Ch. 573, Sec. 9. (SB 204) Effective January 1, 2016.)
  58. 5080.50.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. )

    Verify source ↗

    The Director of Parks and Recreation may contract for construction to preserve and restore the Leland Stanford Mansion State Historical Park and related facilities, using the design-build process.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. ) ## 5080.50. Notwithstanding any provision of law to the contrary, the Director of Parks and Recreation may contract for construction for the preservation and restoration of the Leland Stanford Mansion State Historical Park and related facilities using the design-build process set forth in Section 14661 of the Government Code. (Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
  59. 5080.51.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. )

    Verify source ↗

    The director may use a specified design-build entity selection method even if the approved project budget is under ten million dollars.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. ) ## 5080.51. The director is authorized to use the method for selection of the design-build entity set forth in clause (i) of subparagraph (A) of paragraph (3) of subdivision (d) of Section 14661 of the Government Code, notwithstanding that the approved project budget may not be ten million dollars ($10,000,000) or more. (Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
  60. 5080.52.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. )

    Verify source ↗

    A design professional licensed and registered in this state must prepare the project cost estimate and proposed design and construction schedule.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. ) ## 5080.52. In addition to the requirements set forth in paragraph (1) of subdivision (d) of Section 14661 of the Government Code, the program required by this article may include, but is not limited to, the following: (a) The size, type, and desired or required historic and other design character and features of the buildings and site. (b) Performance specifications covering the historic or other nature and quality of materials, equipment, and workmanship. (c) A project cost estimate, including a factor for contingencies. (d) A proposed design and construction schedule showing the critical path of work for both working drawings and construction and all state approvals. (e) Any other information deemed necessary to describe adequately the state’s needs. The project cost estimate and the proposed design and construction schedule shall be prepared by a design professional duly licensed and registered in this state. (Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
  61. 5080.53.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. )

    Verify source ↗

    The director may accept donations and may use donated goods and services as a selection criterion for the design-build entity.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. ) ## 5080.53. The director may accept donations of services, including architectural, engineering, construction management, or other professional services, construction labor and materials, or any other donations, in addition to donations of funds to be integrated into the project on terms and conditions that, in the discretion of the department, will contribute to the successful prosecution and completion of the restoration and preservation project. The director may, in addition to any other criteria authorized by Section 14661 of the Government Code, include the donation of goods and services as a basis for selection for the design-build entity. (Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
  62. 5080.54.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. )

    Verify source ↗

    Before advertising for design-build proposals, the director must submit the required program to the State Public Works Board and get board approval of the project’s scope and cost.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. ) ## 5080.54. In addition to the approvals required by Section 13332.19 of the Government Code, prior to advertising for design-build proposals, the director shall submit to the State Public Works Board the program required by paragraph (1) of subdivision (d) of Section 14661 of the Government Code and Section 5080.52 of this code and shall obtain from the board approval of the scope and cost for the project. (Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
  63. 5080.56.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. )

    Verify source ↗

    The director must contract with the Department of General Services or a mutually agreeable private contractor to help manage and oversee the project.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 3. Leland Stanford Mansion State Historical Park Construction [5080.50 - 5080.56] ( Article 3 added by Stats. 1999, Ch. 733, Sec. 1. ) ## 5080.56. Notwithstanding Section 10 of Chapter 66 of the Statutes of 1999, the director shall contract with the Department of General Services or a mutually agreeable private contractor to provide assistance with project management and oversight of the project. Independent professional services contracts may be entered into for inspection services, construction management services, or any other services necessary for proper administration of the project. (Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
  64. 5081.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 4. Old Sacramento State Historic Park [5081 - 5083] ( Article 4 added by Stats. 2023, Ch. 51, Sec. 21. )

    Verify source ↗

    The Legislature states that the department has a financial interest in commercial operations at Old Sacramento State Historic Park and that labor peace agreements for hotel and hospitality operations help protect that interest.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 4. Old Sacramento State Historic Park [5081 - 5083] ( Article 4 added by Stats. 2023, Ch. 51, Sec. 21. ) ## 5081. The Legislature finds and declares all of the following: (a) The department has a proprietary and financial interest in revenue-generating commercial operations on state land, including the Old Sacramento State Historic Park. (b) Labor disputes may interfere with or disrupt hotel and hospitality services and negatively impact the department’s proprietary interests and its ability to attract travelers to the Old Sacramento State Historical Park. (c) Requiring that the entity responsible for developing a hotel and hospitality operations in the Old Sacramento State Historical Park, as well as any subcontractors or sublessees, be party to a labor peace agreement prohibiting strikes, picketing, and boycotts at the hotel is a well established means of protecting those proprietary interests. (Added by Stats. 2023, Ch. 51, Sec. 21. (SB 122) Effective July 10, 2023.)
  65. 5082.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 4. Old Sacramento State Historic Park [5081 - 5083] ( Article 4 added by Stats. 2023, Ch. 51, Sec. 21. )

    Verify source ↗

    For hotel development agreements and solicitations in Old Sacramento State Historic Park, the department must require labor peace agreements and related evidence or certifications.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 4. Old Sacramento State Historic Park [5081 - 5083] ( Article 4 added by Stats. 2023, Ch. 51, Sec. 21. ) ## 5082. (a) For purposes of this section, the following definitions apply: (1) “Labor organization” means a labor organization as defined in Section 152(5) of Title 29 of the United States Code. (2) “Labor peace agreement” means an agreement with a labor organization that contains, at a minimum, provisions prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the hotel or food and beverage operations subject to the agreement. (b) The department shall include in any lease agreement, management agreement, or other agreement for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historical Park a provision that requires the entity responsible for development of the hotel, and each sublessee or subcontractor employing the workforce performing hotel or food and beverage operations under the agreement, to enter into a labor peace agreement with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement. (c) The department shall include in any request for proposals or similar solicitation for the development of a hotel on land owned or controlled by the state in the Old Sacramento State Historical Park a provision that provides, in substance, the following statement: Labor Peace. As a requirement for a full and adequate response to this request for proposal (RFP), as a condition precedent to the Department of Parks and Recreation (department) entering into the agreement described in this RFP, and as an ongoing material term of the agreement, the applicant and each sublessee or subcontractor shall provide written evidence that they have entered into a signed labor peace agreement with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement. To comply with this requirement, each applicant must submit either: (1) a certification, in a form prescribed by the department, signed by the relevant labor organization and the applicant, attesting to a signed labor peace agreement, or (2) a signed certification, in a form prescribed by the department, attesting that no labor organization represents or has notified the applicant that it will seek to represent, the workforce performing hotel or food and beverage operations under the agreement. For these purposes, “labor organization” and “labor peace agreement” have the same meanings as defined in Section 5082 of the Public Resources Code. (Added by Stats. 2023, Ch. 51, Sec. 21. (SB 122) Effective July 10, 2023.)
  66. 5083.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 4. Old Sacramento State Historic Park [5081 - 5083] ( Article 4 added by Stats. 2023, Ch. 51, Sec. 21. )

    Verify source ↗

    This article applies only to certain agreements made on or after July 1, 2023, for operating a hotel on state-owned or state-controlled land in Old Sacramento State Historic Park.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.2. Operation and Management of State Park System Properties [5080.02 - 5083] ( Chapter 1.2 added by Stats. 1982, Ch. 1487, Sec. 7. ) ## ARTICLE 4. Old Sacramento State Historic Park [5081 - 5083] ( Article 4 added by Stats. 2023, Ch. 51, Sec. 21. ) ## 5083. This article shall apply only to a lease agreement, management agreement, or other agreement entered into on or after July 1, 2023, for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park. (Added by Stats. 2023, Ch. 51, Sec. 21. (SB 122) Effective July 10, 2023.)
  67. 509.

    ## 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 ↗

    If a refund is due for money deposited in error or in excess, the director must file a claim with the State Controller, who must then issue the warrant for payment.

    ## 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. ) ## 509. Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Repealed and added by Stats. 1965, Ch. 1144.)
  68. 5090.01.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This chapter may be cited as the Off-Highway Motor Vehicle Recreation Act of 2003.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.01. This chapter shall be known and may be cited as the Off-Highway Motor Vehicle Recreation Act of 2003. (Amended by Stats. 2002, Ch. 563, Sec. 2. Effective January 1, 2003.)
  69. 5090.02.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section states legislative findings and intent about managing off-highway motor vehicle recreation, including expansion, long-term use, conservation, enforcement, and closing or repairing areas that cannot meet standards.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.02. (a) The Legislature finds all of the following: (1) Off-highway motor vehicles are enjoying an ever-increasing popularity in California. (2) Off-highway recreation includes both motorized recreation and motorized off-highway access to nonmotorized recreation activities. (3) The indiscriminate and uncontrolled use of those vehicles may have a deleterious impact on the environment, wildlife habitats, native wildlife, and native flora. (b) The Legislature hereby declares that effectively managed areas and adequate facilities for the use of off-highway vehicles and conservation and enforcement are essential for ecologically balanced recreation. (c) Accordingly, it is the intent of the Legislature that: (1) Existing off-highway motor vehicle recreational areas, facilities, and opportunities should be expanded and managed in a manner consistent with this chapter, in particular to maintain sustained long-term use. (2) New off-highway motor vehicle recreational areas, facilities, and opportunities should be provided and managed pursuant to this chapter in a manner that will sustain long-term use. (3) The department should support both motorized recreation and motorized off-highway access to nonmotorized recreation. (4) When areas or trails or portions thereof cannot be maintained to appropriate established standards for sustained long-term use, they should be closed to use and repaired, to prevent accelerated erosion. Those areas should remain closed until they can be managed within the soil conservation standard or should be closed and restored. (5) Prompt and effective implementation of the Off-Highway Motor Vehicle Recreation Program by the department and the Division of Off-Highway Motor Vehicle Recreation should have an equal priority among other programs in the department. (6) Off-highway motor vehicle recreation should be managed in accordance with this chapter through financial assistance to local governments and joint undertakings with agencies of the United States and with federally recognized Native American tribes. (Amended by Stats. 2007, Ch. 541, Sec. 1. Effective January 1, 2008.)
  70. 5090.03.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

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

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.03. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  71. 5090.04.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “Commission” means the Off-Highway Motor Vehicle Recreation Commission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.04. “Commission” means the Off-Highway Motor Vehicle Recreation Commission. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  72. 5090.05.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “Division” means the Division of Off-Highway Motor Vehicle Recreation in the Department of Parks and Recreation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.05. “Division” means the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  73. 5090.06.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “Fund” means the Off-Highway Vehicle Trust Fund created by Vehicle Code Section 38225(c).

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.06. “Fund” means the Off-Highway Vehicle Trust Fund created by subdivision (c) of Section 38225 of the Vehicle Code. (Amended by Stats. 2002, Ch. 563, Sec. 3. Effective January 1, 2003.)
  74. 5090.07.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section defines “off-highway motor vehicle” by referring to the definition in Vehicle Code Section 38006.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.07. “Off-highway motor vehicle” means an off-highway motor vehicle as defined in Section 38006 of the Vehicle Code. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  75. 5090.08.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “Program” means the Off-Highway Motor Vehicle Recreation Program.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.08. “Program” means the Off-Highway Motor Vehicle Recreation Program. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  76. 5090.09.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “System” means certain state recreation areas, trails, park areas, and grant-supported areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.09. “System” means the state vehicular recreation areas, the California Statewide Motorized Trail, areas and trails within the state park system, and areas supported by the grant program. (Amended by Stats. 2005, Ch. 270, Sec. 4. Effective January 1, 2006.)
  77. 5090.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section defines “conservation” and “conserve” as activities, practices, and programs that protect and sustain soils, plants, wildlife, habitats, and cultural resources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.10. “Conservation” and “conserve” mean activities, practices, and programs that protect and sustain soils, plants, wildlife, habitats, and cultural resources in accordance with the standards adopted pursuant to Section 5090.35. (Amended by Stats. 2017, Ch. 459, Sec. 1. (SB 249) Effective January 1, 2018.)
  78. 5090.11.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “Restoration” and “restore” mean restoring land after closure of the unit or part of it to comparable contours, plant communities, and plant covers.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.11. “Restoration” and “restore” mean, upon closure of the unit or any portion thereof, the restoration of land to the contours, the plant communities, and the plant covers comparable to those on surrounding lands or at least those that existed prior to off-highway motor vehicle use. (Amended by Stats. 2017, Ch. 459, Sec. 2. (SB 249) Effective January 1, 2018.)
  79. 5090.12.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section defines “grant program” as the local assistance grant program and the cooperative agreement program.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.12. “Grant program” means the local assistance grant program and the cooperative agreement program. (Repealed (by Sec. 6) and added by Stats. 2002, Ch. 563, Sec. 5. Effective January 1, 2003.)
  80. 5090.13.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section defines “monitoring program” as a department-adopted program that periodically evaluates resource conditions and supports adaptive management in state vehicular recreation areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.13. “Monitoring program” means a program adopted by the department that provides periodic evaluations of the condition of resources and informs adaptive management within state vehicular recreation areas. (Added by Stats. 2017, Ch. 459, Sec. 3. (SB 249) Effective January 1, 2018.)
  81. 5090.14.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    “Adaptive management” means using information from monitoring or scientific research to adjust management strategies and practices to protect cultural resources and improve natural resources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.14. “Adaptive management” means to use the results of information gathered through a monitoring program or scientific research to adjust management strategies and practices to conserve cultural resources and provide for the conservation and improvement of natural resources. (Added by Stats. 2017, Ch. 459, Sec. 4. (SB 249) Effective January 1, 2018.)
  82. 5090.14.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section defines “State vehicular recreation area” as a unit of the state park system established under Section 5090.43.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 1. General Provisions [5090.01 - 5090.14.1] ( Article 1 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.14.1. “State vehicular recreation area” means a unit of the state park system established pursuant to Section 5090.43. (Added by Stats. 2017, Ch. 459, Sec. 5. (SB 249) Effective January 1, 2018.)
  83. 5090.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    This section creates the Off-Highway Motor Vehicle Recreation Commission, sets it at nine members, and assigns appointment authority among the Governor, the Senate Committee on Rules, and the Speaker of the Assembly.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.15. (a) There is in the department the Off-Highway Motor Vehicle Recreation Commission, consisting of nine members, five of whom shall be appointed by the Governor and subject to Senate confirmation, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly. (b) In order to be appointed to the commission, a nominee shall have expertise in or represent one of the following interests: (1) Off-highway vehicle recreation. (2) Environmental protection. (3) Motorized access to nonmotorized recreation. (4) Law enforcement. (5) Environmental restoration. (6) Health and safety. (7) Rural landowners or residents. (8) Biological or soil specializations. (9) Public-at-large. (c) Whenever a reference is made to the State Park and Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park and Recreation Commission with respect to the state vehicular recreation areas, as established by this chapter, it is a reference to, and means, the Off-Highway Motor Vehicle Recreation Commission. (Amended by Stats. 2021, Ch. 258, Sec. 20. (SB 155) Effective September 23, 2021.)
  84. 5090.16.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    When making commission appointments, the Governor, Senate Committee on Rules, and Speaker of the Assembly must consider members’ places of residence to help ensure statewide representation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.16. In making appointments to the commission, the Governor, Senate Committee on Rules, and Speaker of the Assembly shall consider the places of residence of the members of the commission in order to ensure statewide representation. (Amended by Stats. 1987, Ch. 1027, Sec. 6.)
  85. 5090.17.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    Commission members serve four-year terms, and appointments to the commission must follow the membership qualifications in Sections 5090.15 and 5090.16.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.17. (a) The terms of the members of the commission shall be four years. (b) Appointments to the commission shall comply with the qualifications for membership specified in Sections 5090.15 and 5090.16. (Amended by Stats. 2002, Ch. 563, Sec. 9. Effective January 1, 2003.)
  86. 5090.18.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    If there is a vacancy in the commission, the appointing authority for the departing member must appoint a successor for the rest of the term.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.18. In case of any vacancy in the membership of the commission, the appointing authority of the vacating member shall appoint a successor member for the unexpired portion of the term. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  87. 5090.19.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The commission members must elect one of their own as chairperson.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.19. The members of the commission shall elect a chairperson from their number who shall serve as chairperson for one year and until his or her successor is elected. (Amended by Stats. 2002, Ch. 563, Sec. 10. Effective January 1, 2003.)
  88. 5090.20.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The director serves as the secretary of the commission.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.20. The director is the secretary of the commission. (Added by Stats. 1982, Ch. 994, Sec. 11.)
  89. 5090.21.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    Commission members may receive a daily salary, up to a monthly cap, and may be reimbursed for actual and necessary duty-related expenses. Certain members may choose to give up this compensation without reducing retirement benefits or being required to rejoin the retirement system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.21. 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. 4.)
  90. 5090.22.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The commission chairperson may appoint committees made up of commission members and set each committee’s jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.22. The chairperson of the commission may appoint committees composed of members of the commission and prescribe the jurisdiction of each. (Amended by Stats. 2002, Ch. 563, Sec. 11. Effective January 1, 2003.)
  91. 5090.24.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The commission must carry out listed duties for the off-highway motor vehicle recreation program, including meetings, hearings, reviews, public reporting, and recommendations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission [5090.15 - 5090.24] ( Article 2 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.24. The commission has the following duties and responsibilities: (a) Be fully informed regarding all governmental activities affecting the program. (b) Meet at least four times per year at various locations throughout the state to receive comments on the implementation of the program. Establish an annual calendar of proposed meetings at the beginning of each calendar year. The meetings shall include a public meeting, before the beginning of each grant program cycle, to collect public input concerning the program, recommendations for program improvements, and specific project needs for the system. (c) Hold a public hearing to receive public comment regarding any proposed substantial acquisition or development project at a location in close geographic proximity to the project, unless a hearing consistent with federal law or regulation has already been held regarding the project. (d) Consider, upon the request of any owner or tenant, whose property is in the vicinity of any land in the system, any alleged adverse impacts occurring on that person’s property from the operation of off-highway motor vehicles and recommend to the division suitable measures for the prevention of any adverse impact determined by the commission to be occurring, and suitable measures for the restoration of adversely impacted property. (e) Review and comment annually to the director on the proposed budget of expenditures from the fund. (f) Review all plans for new and expanded local and regional vehicle recreation areas that have applied for grant funds. (g) Review and comment on strategic plans periodically developed by the division. (h) Prepare and submit a program report to the Governor and the appropriate policy and fiscal committees of each house of the Legislature on or before January 1, 2022, and every three years thereafter. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The report shall be adopted by the commission after discussing the contents during two or more public meetings. One of the public meetings shall be held in northern California and one shall be held in southern California. The report shall address the status of the program and off-highway motor vehicle recreation, including all of the following: (1) A summary of the process, standards, and plans developed pursuant to this chapter. (2) The condition of natural and cultural resources of areas and trails receiving state off-highway motor vehicle funds and the resolution of conflicts of use in those areas and trails. (3) The status and accomplishments of funds appropriated for restoration pursuant to paragraph (2) of subdivision (b) of Section 5090.50. (4) A summary of resource monitoring data compiled and restoration work completed. (5) Actions taken by the division and department since the last program report to discourage and decrease trespass of off-highway motor vehicles on private property. (6) Other relevant program-related environmental issues that have arisen at state vehicular recreation areas since the last program report, including, but not limited to, actions undertaken to ensure compliance with federal and state Endangered Species Acts, local air quality laws and regulations, federal Clean Water Act and regional water board regulations, or permits. (i) Make other recommendations to the deputy director regarding the off-highway motor vehicle recreation program. (Amended by Stats. 2017, Ch. 459, Sec. 7. (SB 249) Effective January 1, 2018.)
  92. 5090.30.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The department has a Division of Off-Highway Motor Vehicle Recreation, and references to the Office of Off-Highway Motor Vehicle Recreation mean that division.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.30. There is in the department the Division of Off-Highway Motor Vehicle Recreation. Whenever any reference is made to the Office of Off-Highway Motor Vehicle Recreation, it shall be deemed to be a reference to, and to mean, the division. (Amended by Stats. 2017, Ch. 459, Sec. 8. (SB 249) Effective January 1, 2018.)
  93. 5090.31.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The division is to be under the direction of a deputy director, and the director appoints that deputy director.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.31. The division shall be under the direction of a deputy director appointed by the director. (Amended by Stats. 2017, Ch. 459, Sec. 9. (SB 249) Effective January 1, 2018.)
  94. 5090.32.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The division must carry out a range of duties for off-highway vehicle recreation areas, including land management, safety, environmental compliance, reporting, and program support.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.32. The division has the following duties and responsibilities: (a) Planning, acquisition, development, conservation, and restoration of lands in the state vehicular recreation areas. (b) Management, maintenance, administration, and operation of lands in the state vehicular recreation areas. (c) Provide for law enforcement and appropriate public safety activities. (d) Implementation of all aspects of the program. (e) Ensure program compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)) in state vehicular recreation areas. (f) Provide staff assistance to the commission. (g) Prepare and implement management and wildlife habitat protection plans for lands in, or proposed to be included in, state vehicular recreation areas, including new state vehicular recreation areas. These plans shall be developed in consideration of statutorily required state and regional conservation objectives. However, a plan shall not be prepared in any instance specified in subdivision (c) of Section 5002.2. Trails may only be added or included as components of existing trail systems when developing or updating plans in state vehicular recreation areas, upon completion of full environmental review. (h) Conduct, or cause to be conducted, surveys, and prepare, or cause to be prepared, studies that are necessary or desirable for implementing the program. (i) Recruit and utilize volunteers to further the objectives of the program. (j) Prepare and coordinate safety and education programs. (k) Provide for the enforcement of Division 16.5 (commencing with Section 38000) of the Vehicle Code and other laws regulating the use or equipment of off-highway motor vehicles in all areas acquired, maintained, or operated by funds from the fund; however, the Department of the California Highway Patrol shall have responsibility for enforcement on highways. (l) Provide for the conservation of natural and cultural resources, including appropriate mitigation. (m) Post on the department’s Internet Web site all plans, reports, and studies related to off-highway vehicle recreation developed by the division. (n) Report on any closure implemented pursuant to Section 5090.35 at the next commission meeting following the closure. (o) Complete other duties as determined by the director. (Amended by Stats. 2017, Ch. 459, Sec. 10. (SB 249) Effective January 1, 2018.)
  95. 5090.34.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The division must post off-highway vehicle recreation information on its website and, where practical, include related laws, maps, safety information, and trespass-prevention information. It may also create and distribute a guidebook.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.34. (a) In cooperation with the commission, the division shall make available on the division’s Internet Web site information regarding off-highway motor vehicle recreation opportunities, pertinent laws and regulations, and responsible use of the system. Where practical, the Internet Web site shall include the following: (1) The text of laws and regulations relating to the program and operation of off-highway vehicles. (2) A statewide map and regional maps of federal, state, and local off-highway vehicle recreation areas and facilities in the state, including links to maps of federal off-highway vehicle routes resulting from the route designation process. (3) Information concerning safety, education, and trail etiquette. (4) Information to prevent trespass, damage to public and private property, and damage to natural resources, including penalties and liability associated with trespass and damage caused. (b) The division may create, and update when appropriate, a guidebook of federal, state, and local off-highway vehicle recreation opportunities that includes information where current specific maps and information for each facility can be located. Contact information shall be provided and shall include available Internet Web site addresses, telephone numbers, and addresses of offices where maps can be accessed. The guidebook shall also include the address of the Internet Web site where the information in subdivision (a) may be found. (c) The division may work with retailers of off-highway motor vehicles and off-highway recreation associations to distribute the guidebook developed under subdivision (b) and to increase awareness of the resources available on the division’s Internet Web site. (Amended by Stats. 2017, Ch. 459, Sec. 11. (SB 249) Effective January 1, 2018.)
  96. 5090.35.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The division must manage state vehicular recreation areas to protect safety and natural resources, maintain and repair areas and trails, monitor conservation goals, and limit trail funding when conservation standards cannot be met.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.35. (a) The protection of public safety, the appropriate utilization of lands, and the conservation of natural and cultural resources are of the highest priority in the management of the state vehicular recreation areas. Additionally, the division shall promptly repair and continuously maintain areas and trails, and anticipate and prevent accelerated and unnatural erosion and other off-highway vehicle impacts to the extent possible. The division shall take steps necessary to prevent damage to significant natural and cultural resources within state vehicular recreation areas. (b) (1) The division, in consultation with the United States Natural Resource Conservation Service, the United States Geological Survey, the United States Forest Service, the United States Bureau of Land Management, the Department of Fish and Wildlife, and the Department of Conservation shall, by December 31, 2020, review, and if deemed necessary, update the 2008 Soil Conservation Standard and Guidelines to establish a generic and measurable soil conservation standard. The division shall subsequently review and update the standard when deemed necessary by the department. (2) If the division determines that the soil conservation standards and habitat protection plans are not being met in any portion of any state vehicular recreation area, the division shall temporarily close the noncompliant portion to repair and prevent accelerated erosion, until the soil conservation standards are met. (3) If the division determines that the soil conservation standards cannot be met in any portion of any state vehicular recreation area, the division shall close and restore the noncompliant portion pursuant to Section 5090.11. (c) (1) The division shall compile and, when determined by the department to be necessary, periodically review and update an inventory of wildlife populations and prepare a wildlife habitat protection plan that conserves and improves wildlife habitats for each state vehicular recreation area. By December 31, 2030, the division shall compile an inventory of native plant communities in each state vehicular recreation area to inform future plan updates. (2) If the division determines that the wildlife habitat protection plan is not being met in any portion of any state vehicular recreation area, the division shall close the noncompliant portion temporarily until the wildlife habitat protection plan is met. (3) If the division determines that the wildlife habitat protection plan cannot be met in any portion of any state vehicular recreation area, the division shall close and restore the noncompliant portion pursuant to Section 5090.11. (d) The division shall monitor annually in each state vehicular recreation area to determine whether soil conservation standards are being met and the objectives of wildlife habitat protection plans are being met. (e) The division shall not fund trail construction unless the trail is capable of complying with the conservation specifications prescribed in this section. The division shall not fund trail construction where conservation is not feasible. The division shall not fund the maintenance of a trail unless that trail is a component of a state vehicular recreation area road and trail system. (f) The division shall protect natural, cultural, and archaeological resources within the state vehicular recreation areas. (Amended by Stats. 2017, Ch. 459, Sec. 12. (SB 249) Effective January 1, 2018.)
  97. 5090.36.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The division may contract with concessionaires or public agencies to care for and maintain lands in the system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.36. The division may enter into contracts with concessionaires and grants or cooperative agreements with other public agencies, pursuant to laws and procedures specified in this division, for the care and maintenance of lands in the system, including law enforcement services with public agencies having law enforcement authority. (Amended by Stats. 2002, Ch. 563, Sec. 19. Effective January 1, 2003.)
  98. 5090.37.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    Eminent domain may not be used to acquire property interests for specified recreation areas and trails by the division or certain public agencies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.37. Eminent domain shall not be exercised to acquire any interest in property for a state vehicular recreation area, the California Statewide Motorized Trail, or any grant program area or trail by the division or any public agency that has entered into a grant or cooperative agreement with the division. (Amended by Stats. 2003, Ch. 62, Sec. 246. Effective January 1, 2004.)
  99. 5090.38.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    Property owners or controllers near system lands are not liable for certain actions tied to off-highway motor vehicle users trespassing outside the system or actions occurring within system lands.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.38. No owner or other person having legal control of property in the vicinity of any lands in the system is liable for any actions of any type resulting from, or caused by, the user of an off-highway motor vehicle who is trespassing on property outside the system; and no owner or other person having legal control of property in the vicinity of any lands in the system is liable for any one’s actions of any type commenced on, or taking place within, the boundaries of lands in the system. (Added by renumbering Section 5090.46 by Stats. 2004, Ch. 908, Sec. 10. Effective January 1, 2005.)
  100. 5090.39.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The department must require best available science in certain conservation and monitoring requirements, and those standards must allow public comment. The division still must comply with state and federal laws and permit requirements.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation [5090.30 - 5090.39] ( Article 3 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.39. (a) The department shall require that: (1) Any soil conservation standard, wildlife habitat protection plan, or monitoring program, required by this chapter, applies best available science. (2) All standards, plans, and monitoring programs subject to paragraph (1) shall provide opportunities for public comment, including, but not limited to, written comments and public meetings, as appropriate. (b) Nothing in this chapter relieves the division from compliance with state and federal laws and regulations, including permit requirements. (Added by Stats. 2017, Ch. 459, Sec. 13. (SB 249) Effective January 1, 2018.)
  101. 5090.41.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4. State Vehicular Recreation Areas [5090.41 - 5090.43] ( Heading of Article 4 amended by Stats. 2004, Ch. 908, Sec. 11. )

    Verify source ↗

    The division must set aside and close specified acreage in the Hollister Hills State Vehicular Area to off-highway motor vehicles, and it must protect the natural and cultural values of the designated lands.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4. State Vehicular Recreation Areas [5090.41 - 5090.43] ( Heading of Article 4 amended by Stats. 2004, Ch. 908, Sec. 11. ) ## 5090.41. The following lands within the Hollister Hills State Vehicular Area shall be managed, as follows: (a) The division shall designate and set aside 280 acres for nature study, which shall be closed to the operation of off-highway motor vehicles. The division shall, in carrying out this subdivision, protect the natural and cultural values of the designated lands by taking appropriate measures, which may include the erection of physical barriers to off-highway vehicle use. (b) The division shall identify approximately 395 acres as a “Buffer Zone” on the Record of Survey filed by the State of California with the County Recorder of San Benito County, California, on April 2, 1990, in the Book of Maps, Number 10, Page Number 79, plus the three southernmost areas, consisting of approximately 196 acres identified on Figure I-2, Page 5, Appendix, Environmental Impact Report for Acquisition of Additional Land at Hollister Hills SVRA, State Clearinghouse Number 88051716, which shall be closed to the operation of off-highway motor vehicles. (Added by Stats. 1994, Ch. 798, Sec. 3. Effective September 27, 1994.)
  102. 5090.42.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4. State Vehicular Recreation Areas [5090.41 - 5090.43] ( Heading of Article 4 amended by Stats. 2004, Ch. 908, Sec. 11. )

    Verify source ↗

    The department must use specified designation and planning processes to decide the best use of the Alameda-Tesla Expansion Area, may not designate it as a state vehicular recreation area, and must not consider it in certain acquisition and development decisions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4. State Vehicular Recreation Areas [5090.41 - 5090.43] ( Heading of Article 4 amended by Stats. 2004, Ch. 908, Sec. 11. ) ## 5090.42. (a) For purposes of this section, “land” means the land known as the “Alameda-Tesla Expansion Area,” which encompasses approximately 3,100 acres in the County of Alameda and is currently part of Carnegie State Vehicular Recreation Area. (b) (1) The department shall use the designation process, pursuant to Article 1.7 (commencing with Section 5019.50) of Chapter 1, and planning process, pursuant to Section 5002.2, to determine the best use of the land. The land shall not be designated as a state vehicular recreation area, as defined in Section 5090.14.1. (2) One million dollars ($1,000,000) shall be transferred from the General Fund to the State Parks and Recreation Fund, established pursuant to Section 5010, to be used for the purposes of paragraph (1). (c) (1) Twenty-nine million eight hundred thousand dollars ($29,800,000) shall be transferred from the General Fund to the Off-Highway Vehicle Trust Fund, established pursuant to Section 38225 of the Vehicle Code, to be used in accordance with this chapter, including the acquisition and development of properties to expand off-highway vehicle recreation and where quality recreation opportunities for off-highway motor vehicles may be provided. (2) When considering acquisition and development of properties to expand off-highway vehicle recreation opportunities, the department may prioritize properties that have potential to serve large urban areas such as the Bay Area and Central Valley, offer potential recreational opportunities for off highway vehicle recreation, and potential opportunities for motorized access to nonmotorized recreation. Properties for consideration may include areas within existing State Parks and State Recreation Areas, including, but not limited to, Henry Coe State Park. The department shall not consider the Alameda-Tesla Expansion Area in this process. (Added by Stats. 2021, Ch. 258, Sec. 21. (SB 155) Effective September 23, 2021.)
  103. 5090.43.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4. State Vehicular Recreation Areas [5090.41 - 5090.43] ( Heading of Article 4 amended by Stats. 2004, Ch. 908, Sec. 11. )

    Verify source ↗

    State vehicular recreation areas are to be planned and managed for off-highway vehicle recreation while protecting natural and cultural resources, with limits on new preserves or wilderness areas after January 1, 1988.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4. State Vehicular Recreation Areas [5090.41 - 5090.43] ( Heading of Article 4 amended by Stats. 2004, Ch. 908, Sec. 11. ) ## 5090.43. (a) State vehicular recreation areas consist of areas selected, developed, and operated to provide off-highway vehicle recreation opportunities. State vehicular recreation areas shall be selected for acquisition on lands where the need to establish areas to protect natural and cultural resources is minimized, the terrain is capable of withstanding motorized vehicle impacts, and where there are quality recreational opportunities for off-highway motor vehicles. Areas shall be developed, managed, and operated for the purpose of providing the fullest appropriate public use of the vehicular recreational opportunities present, in accordance with the requirements of this chapter, while providing for the conservation of cultural resources and the conservation and improvement of natural resource values over time. (b) After January 1, 1988, no new cultural or natural preserves or state wildernesses shall be established within state vehicular recreation areas. To protect natural and cultural resource values, sensitive areas may be established within state vehicular recreation areas where determined by the department to be necessary to protect natural and cultural resources. These sensitive areas shall be managed by the division in accordance with Sections 5019.71 and 5019.74, which define the purpose and management of natural and cultural preserves. (c) If off-highway motor vehicle use results in damage to any natural or cultural resources or damage within sensitive areas, appropriate measures shall be promptly taken to protect these lands from any further damage. These measures may include the erection of physical barriers and shall include the restoration of natural resources and the repair of damage to cultural resources. (Amended by Stats. 2017, Ch. 459, Sec. 14. (SB 249) Effective January 1, 2018.)
  104. 5090.44.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4.5. California Statewide Motorized Trail [5090.44- 5090.44.] ( Article 4.5 heading added by Stats. 2002, Ch. 563, Sec. 22. )

    Verify source ↗

    The division must assist in designating corridors for a California Statewide Motorized Trail.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 4.5. California Statewide Motorized Trail [5090.44- 5090.44.] ( Article 4.5 heading added by Stats. 2002, Ch. 563, Sec. 22. ) ## 5090.44. The division shall assist in the designation of corridors for a California Statewide Motorized Trail. The California Statewide Motorized Trail shall consist of corridors that are designated and maintained for recreational travel by off-highway motor vehicles, as defined in Section 38006 of the Vehicle Code, and that are designated for off-highway motor vehicle travel by the owner of, or other person or public entity having control over, the property traversed by the corridor. Portions of the California Statewide Motorized Trail may include lands designated and maintained as trailheads. The California Statewide Motorized Trail shall be selected and managed in accordance with this chapter. Trails designated pursuant to this section may be known as the California Statewide Motorized Trail. (Amended by Stats. 2002, Ch. 563, Sec. 23. Effective January 1, 2003.)
  105. 5090.60.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 6. Fiscal Management [5090.60 - 5090.65] ( Article 6 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    The fund is made up of deposits from several specified revenue and fee sources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 6. Fiscal Management [5090.60 - 5090.65] ( Article 6 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.60. The fund consists of deposits from the following sources: (a) Revenues transferred from the Motor Vehicle Fuel Account in the Transportation Tax Fund. (b) Fees paid pursuant to subdivision (b) of Section 38225 of the Vehicle Code. (c) Unexpended service fees. (d) Fees and other proceeds collected at state vehicular recreation areas, as provided in subdivision (c) of Section 5010. (e) Reimbursements. (f) Revenues and income from any other source required by law to be deposited in the fund. (Amended by Stats. 2002, Ch. 563, Sec. 32. Effective January 1, 2003.)
  106. 5090.61.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 6. Fiscal Management [5090.60 - 5090.65] ( Article 6 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    Money in the fund may be spent only after legislative appropriation, with up to 50% for grants and cooperative agreements and the rest for division support and related program and land activities.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 6. Fiscal Management [5090.60 - 5090.65] ( Article 6 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.61. Moneys in the fund shall be available, upon appropriation by the Legislature, as follows: (a) An amount, not to exceed 50 percent of the annual revenues to the fund, shall be available for grants and cooperative agreements pursuant to Article 5 (commencing with Section 5090.50). (b) (1) The remainder of the annual revenues to the fund shall be available for the support of the division in implementing the off-highway motor vehicle recreation program and for the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in the system. (2) As used in this subdivision, “support of the division” includes functions performed outside of the division by others on behalf of the division, including a prorated share of the department’s common overhead and other costs incurred on behalf of the division for personnel management and training, accounting, and fiscal analysis, records, purchasing, public information activities, consultation of professional scientists and reclamation experts for the purposes of Section 5090.35, and legal services. (Amended by Stats. 2017, Ch. 459, Sec. 16. (SB 249) Effective January 1, 2018.)
  107. 5090.65.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 6. Fiscal Management [5090.60 - 5090.65] ( Article 6 added by Stats. 1982, Ch. 994, Sec. 11. )

    Verify source ↗

    Money in the fund must be used to pay for repairing certain boundary fences damaged by off-highway vehicle users.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01 - 5090.65] ( Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11. ) ## ARTICLE 6. Fiscal Management [5090.60 - 5090.65] ( Article 6 added by Stats. 1982, Ch. 994, Sec. 11. ) ## 5090.65. Money in the fund shall be used to pay for the repair of any boundary fence that segregates off-highway vehicle use from adjoining landowners and is adjacent to an off-highway vehicle site that is funded by the fund, when the fence has become broken or damaged by off-highway vehicle users. (Added by renumbering Section 5090.47 by Stats. 2002, Ch. 563, Sec. 25. Effective January 1, 2003.)
  108. 5090.75.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. )

    Verify source ↗

    The director must establish and administer the Outdoor Equity Grants Program and prioritize funding for certain outdoor education programs and underserved communities.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. ) ## 5090.75. (a) The director shall establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The grant program shall award grants to public organizations, including local governments and local educational agencies, joint powers authorities, open-space authorities, regional open-space districts, other relevant public agencies, or nonprofit organizations, with a focus on funding transportation, logistical, and program operations and capacity costs associated with reaching historically underserved communities. (b) In developing the grant program, the director shall do both of the following: (1) Develop criteria, procedures, and accountability measures as may be necessary to implement the grant program. (2) Administer the grant program to ensure that priority is given to underserved populations, including both urban and rural areas and low-income communities, where participation in outdoor environmental education and recreation programs has been limited. (c) The director shall give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve pupils who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as these terms are defined in Section 42238.01 of the Education Code, and have one or more of the following attributes: (1) Have a curriculum that is aligned to the content standards for California public schools adopted by the State Board of Education, including, but not limited to, the Next Generation Science standards, or the California History-Social Science standards. (2) Foster stewardship of the environment and include, when available, curriculum established pursuant to Part 4 (commencing with Section 71300) of Division 34. (3) Integrate instruction in science, technology, engineering, arts, and mathematics. (d) The director may give additional consideration to outdoor environmental education programs that do any of the following: (1) Maximize the number of participants that can be served. (2) Demonstrate partnerships between public, private, and nonprofit entities. (3) Contribute to healthy lifestyles, sound nutritional habits, and improved outdoor educational and recreational experiences. (4) Include service learning and community outreach components for purposes of building partnerships between participants and local communities. (e) The director may provide funding for professional learning, based on approved content standards, for the staff and volunteers of those programs given priority pursuant to subdivision (c). (f) In implementing the grant program, the department shall work with relevant stakeholders to promote and implement the grant program in a manner that effectively reaches a wide geography throughout the state and ensures that regions in northern, central, and southern California, including both urban and rural areas, are adequately considered with an emphasis on addressing the transportation needs within these regions. (Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
  109. 5090.76.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. )

    Verify source ↗

    The department may not use certain state general fund money for the grant program unless the Legislature authorizes it. The director may accept and solicit private donations and funding for the program.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. ) ## 5090.76. (a) Except as authorized by the Legislature, the department shall not allocate for the purposes of the grant program any general fund moneys appropriated by the Legislature to the department in the annual Budget Act. (b) The director may accept private donations made for the support of the grant program. The director may solicit and accept private funding to help offset the costs of the grant program. (c) All moneys received pursuant to this section or appropriated by the Legislature for the purpose of the grant program shall be deposited in the California Outdoor Equity Account, which is hereby created within the State Parks and Recreation Fund. (d) Before commencing any program development activities for the grant program, adequate donations or funds shall be deposited into the California Outdoor Equity Account. This amount shall be sufficient to administer the grant program and provide grant awards. (Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
  110. 5090.77.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. )

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    The department must collect information from applicants after each award year and annually report it to legislative budget and fiscal committees.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. ) ## 5090.77. (a) The department shall gather information from applicants following each award year for purposes of evaluating the effectiveness of outdoor environmental education programs in achieving the objectives of the grant program. Notwithstanding Section 10231.5 of the Government Code, the department shall annually summarize and report this information for the previous award year to the appropriate budget and fiscal committees of the Legislature. The information in the annual report shall include the total number of children served, the total number and types of entities that received grant awards, appropriate recommendations to improve the grant program, partnerships formed, educational objectives achieved, the total number of applications received, and the total number of children who would have been served had all applicants for the award year received grant awards. (b) A report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
  111. 5090.78.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. )

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    The department must adopt necessary guidelines for this chapter and, before adopting them, create a public comment and review process with three public hearings in three different parts of the state.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.26. Outdoor Equity Grants Program [5090.75 - 5090.78] ( Chapter 1.26 added by Stats. 2019, Ch. 675, Sec. 1. ) ## 5090.78. The department shall adopt guidelines it determines as necessary to carry out the purposes of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the adoption of guidelines pursuant to this section. The department shall develop a process for public comment and review of the guidelines that involves three public hearings in three different parts of the state before the adoption of those guidelines. (Added by Stats. 2019, Ch. 675, Sec. 1. (AB 209) Effective January 1, 2020.)
  112. 5091.01.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 1. General Provisions [5091.01 - 5091.02] ( Article 1 added by Stats. 1984, Ch. 1560, Sec. 2. )

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    The Legislature states that winter recreation parking shortages are a problem and says it intends to create the California SNO-PARK Permit Program, letting winter recreationists buy a windshield sticker to park in designated roadside parking areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 1. General Provisions [5091.01 - 5091.02] ( Article 1 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.01. (a) The Legislature finds that as the popularity of winter recreation has steadily grown, so too has the problem of insufficient parking areas for participants. (b) The Legislature hereby declares that adequate parking facilities for winter recreation are essential to ensure safety and well-being of the states’ winter recreationists. (c) Accordingly, in furtherance of the California Outdoor Recreation Plan, it is the intent of the Legislature to establish the California SNO-PARK Permit Program, whereby winter recreationists may purchase a windshield sticker that will allow them to park in any of the roadside parking areas to be established and plowed for this purpose. (Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
  113. 5091.02.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 1. General Provisions [5091.01 - 5091.02] ( Article 1 added by Stats. 1984, Ch. 1560, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the Sno-Park permit chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 1. General Provisions [5091.01 - 5091.02] ( Article 1 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.02. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Authorized vendor” means a retail commercial enterprise, authorized by the department to sell SNO-PARK permits established by this chapter. (b) “Department” means the Department of Parks and Recreation. (c) “Fund” means the Winter Recreation Fund. (d) “Designated parking area” means an area located, constructed, maintained, and signed pursuant to this chapter. (e) “Winter recreation” means any recreational activity principally dependent upon snow-covered ground, including, but not limited to, cross-country skiing, snowshoeing, sledding, ice fishing, snow camping, dogsledding, and snowmobiling. (Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
  114. 5091.10.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 2. Designation of Parking Areas [5091.10- 5091.10.] ( Article 2 added by Stats. 1984, Ch. 1560, Sec. 2. )

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    This section requires public hearings, committee appointment, consultation, and designation of winter recreation parking locations, and it lets the department arrange agreements, grants, and contracts for snow removal and related services.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 2. Designation of Parking Areas [5091.10- 5091.10.] ( Article 2 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.10. (a) The State Park and Recreation Commission shall hold at least two public hearings, one in the northern portion of the state and one in the southern portion of the state, to seek proposals from individuals, winter recreation user groups, the department, and other public agencies for parking areas to be designated under this chapter. (b) The director shall appoint a committee, which shall be known as the “Winter Recreation Committee,” to advise the director on the location of designated parking areas. (c) The department shall, after consultation with the State Park and Recreation Commission, the Department of Transportation, the Department of the California Highway Patrol, the appropriate boards of supervisors, and any local public or private persons owning lands adjacent to each site, designate winter recreation parking locations throughout the state and include the sites as an element of the California outdoor recreation plan. The department may enter into long-range agreements for the utilization of private and public lands for the programs. The location and design of any proposed site adjacent to, or directly impacting on, a state highway shall be reviewed and approved by the Department of Transportation. The location and design of any proposed site adjacent to, or directly impacting on, a county road shall be reviewed and approved by the appropriate board of supervisors. (d) Using funds appropriated from the Winter Recreation Fund and allocated pursuant to paragraph (1) of subdivision (b) of Section 5091.25, the Department of Transportation shall provide for the removal of snow accumulating on designated parking areas according to priorities established by the Department of Transportation in consultation with the department. The removal of snow from the roadway of state highways shall always take precedence over the removal of snow from designated parking areas. (e) Using funds appropriated from the Winter Recreation Fund and allocated pursuant to paragraph (3) of subdivision (b) of Section 5091.25, the department may make grants to counties for the removal of snow accumulating on designated parking areas. The department may contract with the appropriate public and private entities for snow removal, provision of sanitary facilities, signage, trash removal, parking lot repairs, and other services. In no event shall the removal of snow on designated parking areas become a county responsibility, except by agreement with the appropriate board of supervisors. (Amended by Stats. 2001, Ch. 278, Sec. 1. Effective January 1, 2002.)
  115. 5091.15.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 3. SNO-PARK Permit Program [5091.15- 5091.15.] ( Article 3 added by Stats. 1984, Ch. 1560, Sec. 2. )

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    People generally may not park a vehicle in a designated parking area during the Sno-Park season unless the vehicle displays a department-issued parking permit.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 3. SNO-PARK Permit Program [5091.15- 5091.15.] ( Article 3 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.15. (a) Except as provided in this section, no person shall, from November 1 of any year to May 30 of the next year or for a shorter time as determined by the department, park a vehicle in a designated parking area unless the vehicle displays a parking permit issued by the department. Overnight camping in a vehicle parked in a designated parking area may be authorized by the department when it determines that the use is for a recreational activity, is safe and prudent, and is of limited duration. (b) No parking permit shall be required under this section for a vehicle owned and operated by the United States, another state or political subdivision thereof, or by this state or by a city, county, district, or political subdivision thereof. (c) The fee for the issuance of a parking permit under this chapter shall be determined by the department. The department shall hold at least one public hearing and notify the Legislature at least 30 days prior to any proposal to change the fees. (d) A person who violates this section is guilty of an infraction punishable by a fine of seventy-five dollars ($75). Unless the peace officer issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle. If the parking of the vehicle is witnessed by the peace officer, the operator of the vehicle is in violation of this section. (e) The department may negotiate reciprocity agreements with other states having similar programs if the agreements are in the best interests of the California SNO-PARK program. (f) The department may contract with appropriate agencies for law enforcement, including, but not limited to, the Department of the California Highway Patrol, the county sheriffs, and the United States Department of Agriculture Forest Service. Enforcement activities may be funded with moneys appropriated from the Winter Recreation Fund. (Amended by Stats. 2007, Ch. 541, Sec. 17. Effective January 1, 2008.)
  116. 5091.20.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 4. Permits [5091.20- 5091.20.] ( Article 4 added by Stats. 1984, Ch. 1560, Sec. 2. )

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    The department must print and supervise sale of the permits, and it may sell them directly or use vendors under department rules.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 4. Permits [5091.20- 5091.20.] ( Article 4 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.20. (a) The department shall print the permits required by this chapter and shall supervise the sale of the permits throughout the state. (b) The department shall either distribute and sell the permits directly or contract with vendors according to rules and regulations adopted by the department. The authorized vendors shall be bonded in accordance with the rules and regulations and shall receive a stipulated commission for each permit sold. (c) In situations where the department elects to contract with a vendor pursuant to subdivision (b), the department shall provide the permits to the vendor at no cost. The vendor may deduct his or her commission from the proceeds acquired from permit sales prior to remitting those proceeds to the department. (Amended by Stats. 2002, Ch. 292, Sec. 1. Effective January 1, 2003.)
  117. 5091.25.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 5. Revenues [5091.25 - 5091.27] ( Article 5 added by Stats. 1984, Ch. 1560, Sec. 2. )

    Verify source ↗

    SNO-PARK permit sale proceeds must be paid into the State Treasury for the Winter Recreation Fund, and those fund moneys must be allocated when appropriated.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 5. Revenues [5091.25 - 5091.27] ( Article 5 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.25. (a) Proceeds from the sale of SNO-PARK parking permits shall be paid to the State Treasury to the credit of the Winter Recreation Fund, which is hereby created. (b) The moneys in the Winter Recreation Fund shall be allocated, when appropriated, as follows: (1) An amount equal to the actual and necessary costs incurred in the removal of snow from designated parking areas shall be paid to the Department of Transportation. (2) The balance of the funds shall be expended for the acquisition, lease, development, and maintenance of additional designated parking areas, for sanitation facilities, trailhead markings, and other facilities designed to promote the safety and well-being of persons engaged in winter recreation, and for grants to counties for the actual and necessary costs incurred in the removal of snow from designated parking areas, and to inform and educate the public about the program. (Amended by Stats. 2007, Ch. 541, Sec. 18. Effective January 1, 2008.)
  118. 5091.26.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 5. Revenues [5091.25 - 5091.27] ( Article 5 added by Stats. 1984, Ch. 1560, Sec. 2. )

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    Eminent domain may not be used to acquire any interest in property for a designated parking area.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 5. Revenues [5091.25 - 5091.27] ( Article 5 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.26. Eminent domain shall not be exercised to acquire any interest in property for a designated parking area. (Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
  119. 5091.27.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 5. Revenues [5091.25 - 5091.27] ( Article 5 added by Stats. 1984, Ch. 1560, Sec. 2. )

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    The department may adopt rules and regulations to carry out and enforce this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.27. California Sno-Park Permit Program [5091.01 - 5091.27] ( Chapter 1.27 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## ARTICLE 5. Revenues [5091.25 - 5091.27] ( Article 5 added by Stats. 1984, Ch. 1560, Sec. 2. ) ## 5091.27. The department may adopt rules and regulations necessary to implement and enforce this chapter. (Added by Stats. 1984, Ch. 1560, Sec. 2. Effective September 30, 1984.)
  120. 5093.30.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    This chapter may be cited as the California Wilderness Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.30. This chapter shall be known and may be cited as the California Wilderness Act. (Added by Stats. 1974, Ch. 1196.)
  121. 5093.31.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    California declares a policy to preserve wilderness on state-owned lands for present and future generations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.31. In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas on state-owned lands within California, leaving no areas designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the State of California to secure for present and future generations the benefits of an enduring resource of wilderness. (Added by Stats. 1974, Ch. 1196.)
  122. 5093.32.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

    Verify source ↗

    This section defines key terms used in the chapter, including minimum management requirements, minimum tool, roadless area, Secretary, System, and wilderness areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.32. As used in this chapter: (a) “Minimum management requirements” means the minimum wilderness management actions that are necessary to administer a wilderness area for the purpose of this chapter. (b) “Minimum tool” means the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements. (c) “Roadless area” means a reasonably compact area of undeveloped land that possesses the general characteristics of a wilderness, as described in subdivision (c) of Section 5093.33, and within which there is no improved road that is suitable for public travel by motorized vehicles intended primarily for highway use. (d) “Secretary” means the Secretary of the Resources Agency. (e) “System” means the California wilderness preservation system. (f) “Wilderness areas” means component areas of the system as described in Section 5093.33, 5093.34, or 5093.345. (Amended by Stats. 2008, Ch. 689, Sec. 1. Effective January 1, 2009.)
  123. 5093.33.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    This section establishes the California wilderness preservation system, limits when state-owned land may be designated as wilderness areas, and requires the secretary and local state agencies to adopt management guidance and regulations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.33. (a) There is hereby established a California wilderness preservation system to be composed of state-owned areas designated by the Legislature as “wilderness areas” and units of the state park system classified as “state wildernesses” by the State Park and Recreation Commission pursuant to Article 1.7 (commencing with Section 5019.50) of Chapter 1, and these shall be administered for the use and enjoyment of the people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, provide for the protection of such areas, preserve their wilderness character, and provide for the gathering and dissemination of information regarding their use and enjoyment as wilderness. No state-owned areas shall be designated as “wilderness areas” except as provided for in this chapter or by subsequent legislative enactment. (b) Notwithstanding the inclusion of an area within the system, a wilderness area shall continue to be subject to the jurisdiction of the state agency or agencies having jurisdiction thereover immediately prior to its inclusion in the system. The secretary shall adopt guidelines for the management of wilderness areas. Each state agency or agencies having jurisdiction over a wilderness area shall adopt regulations for the management of such areas consistent with the guidelines adopted by the secretary and the objectives of this chapter. Such regulations shall include provisions to protect endangered or rare native plant and animal species. (c) A wilderness area, in contrast to those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. A wilderness area is further defined to mean an area of relatively undeveloped state-owned 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 and primitive latrines, and which is protected and managed so as to preserve its natural conditions and which: (1) Appears generally to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable. (2) Has outstanding opportunities for solitude or a primitive and unconfined type of recreation. (3) Has 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. (4) May also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. (Amended by Stats. 1980, Ch. 676, Sec. 275.)
  124. 5093.34.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

    Verify source ↗

    This section designates named areas as parts of the California Wilderness Preservation System and lets the State Park and Recreation Commission set one precise boundary.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.34. (a) The following areas are hereby designated as components of the system: (1) Santa Rosa Mountains State Wilderness, consisting of that portion of Anza-Borrego Desert State Park in San Diego County within the area encompassed by Townships 9 and 10 South and Ranges 4, 5, 6, 7, and 8 East, San Bernardino Base and Meridian, except that the State Park and Recreation Commission shall establish the precise boundary. (2) Mount San Jacinto State Wilderness in Mount San Jacinto State Park in Riverside County consisting of approximately 9,800 acres and including all of Sections 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, and 31, Township 4 South, Range 3 East, and all of Section 6, Township 5 South, Range 3 East, except the SW 1/4 NW 1/4, NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, and SE 1/4 SE 1/4, San Bernardino Base and Meridian. (3) The land in the Sinkyone Wilderness State Park after the exchanges of land provided for in Section 6 of the act amending this section at the 1979–80 Regular Session of the Legislature, effective upon approval of a general plan for the area by the State Park and Recreation Commission, as required by Section 5002.45. (b) The following state school lands, currently under the jurisdiction of the State Lands Commission, shall become components of the system on January 1, 1977, unless exchanged with the federal government for other lands pursuant to existing law prior to that date: (1) Approximately 640 acres in Monterey County within the Ventana Wilderness, consisting of Section 16, Township 19 South, Range 2 East, Mount Diablo Base and Meridian. (2) Approximately 40 acres in Monterey County within the Ventana Wilderness, consisting of the NE 1/4 NE 1/4 of Section 36, Township 19 South, Range 3 East, Mount Diablo Base and Meridian. (3) Approximately 80 acres in Monterey County within the Ventana Wilderness, consisting of the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of Section 36, Township 19 South, Range 2 East, Mount Diablo Base and Meridian. (4) Approximately 40 acres in Santa Barbara County within the San Rafael Wilderness, consisting of the SE 1/4 NW 1/4 of Section 16, Township 7 North, Range 27 West, San Bernardino Base and Meridian. (5) Approximately 80 acres in Siskiyou County within the Marble Mountain Wilderness, consisting of the E 1/2 and the NW 1/4 of Section 16, Township 41 North, Range 12 West, Mount Diablo Base and Meridian. (6) Approximately 640 acres in Tehama County within the Yolla Bolla Middle Eel Wilderness, consisting of Section 36, Township 27 North, Range 10 West, Mount Diablo Base and Meridian. Nothing herein shall preclude the State Lands Commission from effecting exchanges of any such land described in subdivision (b) with the federal government on or after January 1, 1977, for the purpose of including the exchanged land in the national wilderness preservation system. Upon completion of any such exchange, any such land described in subdivision (b) shall no longer be part of the system. (Amended by Stats. 1980, Ch. 1234, Sec. 4. Effective September 29, 1980.)
  125. 5093.345.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    The department may take measures to control fire, diseases, and insects in the Limekiln State Wilderness, subject to Section 5093.36(c).

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.345. (a) Limekiln State Wilderness, comprised of approximately 413 acres of Limekiln State Park as generally depicted on a map entitled “Limekiln State Park Wilderness” dated August 29, 2008, and filed with the Secretary of State and transmitted to the secretary, is hereby designated as a component of the system. The department may take measures to control fire, diseases, and insects as provided in subdivision (c) of Section 5093.36. (b) Notwithstanding any other provision of this chapter, the California Coastal Trail, as specified in Section 31408, may be located, designed, constructed, or operated within the Limekiln State Wilderness. (Added by Stats. 2008, Ch. 689, Sec. 2. Effective January 1, 2009.)
  126. 5093.35.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    The secretary and the State Lands Commission must review certain state-owned roadless areas and report their wilderness recommendations to the Legislature, while also following notice and hearing steps before making those recommendations.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.35. (a) The secretary, in cooperation with each department within the Resources Agency, shall review state-owned roadless areas under his or her jurisdiction as of January 1, 1975, including, but not limited to, lands within the state park system, state forests, and fish and game refuges, reserves, sanctuaries, and other areas designated for the protection of wildlife, but not including tide and submerged lands lying below the mean high tide line, and shall report to the Legislature his or her recommendations as to the suitability or nonsuitability of each area for preservation as state wilderness. (b) The State Lands Commission shall review state-owned roadless areas under its jurisdiction that have been identified as possessing significant environmental values pursuant to Section 6370.2, and shall report to the Legislature its recommendations as to the suitability or nonsuitability of each area for preservation as wilderness. (c) Additional reviews and reports as to suitability or nonsuitability for preservation as wilderness shall be made by the secretary and the State Lands Commission for the following areas: (1) State-owned roadless areas under their respective jurisdictions and within or contiguous to federal wilderness areas designated by the Congress after January 1, 1975, within one year after the designation. (2) State-owned roadless areas under their respective jurisdictions that are acquired after January 1, 1975, within three years of the acquisition. (d) The secretary and the State Lands Commission, prior to submitting recommendations with respect to the suitability of an area for preservation as a wilderness area, shall: (1) Give public notice of the proposed action as deemed appropriate, including publication in one or more newspapers of general circulation in each county within which the affected area is located, and mailed to every person who has filed a request for notice of hearing. If the notice of hearing is published in a weekly newspaper, it must appear therein on at least two different days of publication, and, if in a newspaper published more often, there must be at least five days from the first to the last day of publication, both days included. The content of the notice of hearing shall substantially comply with the requirements of Section 11346.5 of the Government Code. (2) Hold a public hearing or hearings in the City of San Diego, City of Los Angeles, City and County of San Francisco, or City of Sacramento, whichever is closest to the area affected, not less than 30 days, nor more than 60 days, after the last date of publication of the notice. The hearing shall be conducted in the manner specified in Section 11346.8 of the Government Code. (3) Advise, at least 30 days before the date of a hearing, the board of supervisors of each county where the lands are located, and federal, state, and local agencies concerned, and invite those officials and agencies to submit their views on the proposed action at the hearing or within a specified period thereafter. (e) A view submitted under the provisions of subdivision (d) with respect to an area shall be included with recommendations to the Legislature with respect to that area. (f) A modification or adjustment of boundaries of a wilderness area designated by the Legislature shall be recommended to the Legislature by the secretary or the State Lands Commission after public notice of the proposal and public hearing or hearings as provided in subdivision (d). (g) Nothing contained in this section shall be construed to lessen the present statutory authority of a state agency with respect to the maintenance of roadless areas. (h) Privately owned areas within or contiguous to state-owned areas shall not preclude the review of the state-owned areas as provided in this section. (Amended by Stats. 2006, Ch. 68, Sec. 1. Effective January 1, 2007.)
  127. 5093.36.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    State agencies must preserve and manage designated wilderness areas for wilderness purposes, and certain uses are restricted unless an exception applies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.36. (a) Except as otherwise provided in this chapter, a state agency with jurisdiction over an area designated as a wilderness area shall be responsible for preserving the wilderness character of the wilderness area and shall administer the area for the purposes for which it has been established and to preserve its wilderness character. Except as otherwise provided in this chapter, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. (b) Except as specifically provided in this chapter, and subject to private rights existing as of January 1, 1975, there shall be no commercial enterprise and no permanent road within any wilderness area. There shall be no temporary road, no use of motor vehicles, motorized equipment, or motorboats, no landing or hovering of aircraft, no flying of aircraft lower than 2,000 feet above the ground, no other form of mechanical transport, and no structure or installation within any wilderness area, except under either of the following circumstances: (1) It is necessary in an emergency involving the health and safety of persons within the wilderness area. (2) It is the minimum tool necessary to meet the minimum management requirements. (c) The following special provisions are hereby made: (1) Within a wilderness area, measures may be taken as may be necessary for the control of fire, insects, and diseases, subject to conditions that the state agency with jurisdiction over the wilderness area may deem desirable. (2) Nothing in this chapter shall prevent any activity by any public agency within a wilderness area, including prospecting, for the purpose of gathering information about mineral or other resources that the state agency with jurisdiction over the wilderness area has determined will be carried on in a manner compatible with the preservation of the wilderness environment. (3) A state agency with jurisdiction over a wilderness area may authorize the collection of hydrometeorological data and the conduct of weather modification activities, including both atmospheric and surface activities and environmental research, which are within, over, or may affect wilderness areas and for those purposes may permit access, installation, and use of equipment which is specifically justified and unobtrusively located. Maximum practical application of miniaturization, telemetry, and camouflage shall be employed in conducting weather modification activities. In granting permission for the conduct of data collection and weather modification activities, the appropriate state agency may prescribe operating and monitoring conditions that it deems necessary to minimize or avoid long-term and intensive local impact on the wilderness character of the wilderness areas affected. (4) Within a wilderness area, the grazing of livestock, where established prior to January 1, 1975, may be permitted to be continued by the present lessee or permittee subject to limitation by the terms and regulations that are deemed necessary by the state agency with jurisdiction over the wilderness areas. (5) This chapter does not apply to the aerial stocking of fish or to the conduct of aerial surveys of wildlife species. (6) A state agency with jurisdiction over a wilderness area may authorize measures that address environmental damage or degradation affecting wilderness character and resources if those measures are consistent with the minimum management requirements and only the minimum tools are used. (7) Guidelines for the determination of the minimum management requirements and the minimum tool shall be adopted by regulation. (Amended by Stats. 2008, Ch. 689, Sec. 3. Effective January 1, 2009.)
  128. 5093.37.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    A private owner whose land is completely surrounded by wilderness areas may seek ingress and egress across the wilderness area, but must apply to the administering state agency and follow any permit conditions the agency sets.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.37. (a) In any case where privately owned land is completely surrounded by wilderness areas, the private owner may acquire from the state a reasonable means of ingress and egress across wilderness areas from highways and roads to such land and from such land to highways and roads. (b) Application from such a private owner for ingress and egress shall be made to the administering state agency. When application for ingress and egress is received, the administering state agency shall determine whether any reasonable access exists outside the boundaries of the wilderness area or could be economically constructed. (c) Where reasonable access does not exist or cannot be economically constructed outside the boundaries of the wilderness area, the administering state agency shall grant a permit for right-of-way across the wilderness area over such route, and subject to such conditions and construction and maintenance specifications, as the administering state agency may determine will cause minimum alteration to the physical features of the wilderness area and minimum interference with the use of the wilderness area by the public. (d) The permittee shall, at his own expense, construct and maintain the means of ingress and egress in accordance with the terms and conditions set forth in the permit, noncompliance with which in any part shall be due cause for revocation of the permit. (e) The administering state agency may require a permittee to allow the use of such means of ingress and egress by other applicants whose lands are similarly situated. The administering state agency shall grant a permit for such use under terms and conditions imposed upon existing users, upon payment of a reasonable compensation for construction and maintenance of the road, by the applicant to the existing permittee. (f) Subject to the appropriation of funds by the Legislature, the state agency or agencies having jurisdiction over such wilderness areas may acquire privately owned land within the perimeter of any area designated by this chapter as a wilderness area. (g) The state agency or agencies having jurisdiction over such wilderness areas may accept gifts or bequests of land within or contiguous to wilderness areas. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this chapter, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest. (Added by Stats. 1974, Ch. 1196.)
  129. 5093.38.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    This section says the chapter does not change the state’s jurisdiction or responsibility over fish and wildlife, and hunting and fishing may be allowed on system lands and waters if state or federal laws and regulations allow it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.38. Nothing in this chapter shall affect the jurisdiction or responsibility of the state with regard to fish and wildlife. Hunting and fishing may be permitted on lands and waters administered as parts of the system under applicable state or federal laws and regulations. (Added by Stats. 1974, Ch. 1196.)
  130. 5093.39.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    The secretary must report to the Governor and Legislature by December 1, 1975, and every December 1 after that.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.39. The secretary shall, no later than December 1, 1975, and on or before December 1st of each year thereafter, report to the Governor and to the Legislature on the status of the system, including a list and descriptions of the wilderness areas within the system, guidelines and regulations in effect, and recommendations for additions to the system. (Added by Stats. 1974, Ch. 1196.)
  131. 5093.40.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. )

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    If part of this chapter is held invalid, the rest of the chapter remains effective.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.3. California Wilderness Preservation System [5093.30 - 5093.40] ( Chapter 1.3 added by Stats. 1974, Ch. 1196. ) ## 5093.40. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1974, Ch. 1196.)
  132. 5093.50.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

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    California’s Wild and Scenic Rivers Act states that certain rivers with extraordinary scenic, recreational, fishery, or wildlife values should be preserved in a free-flowing state for the public’s benefit.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.50. It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution. It is the purpose of this chapter to create a California Wild and Scenic Rivers System to be administered in accordance with the provisions of this chapter. (Amended by Stats. 1982, Ch. 1481, Sec. 1.)
  133. 5093.51.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

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    This chapter is known as the California Wild and Scenic Rivers Act.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.51. This chapter shall be known as the California Wild and Scenic Rivers Act. (Added by Stats. 1972, Ch. 1259.)
  134. 5093.52.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

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    This section defines key terms used in the chapter, including Secretary, Natural Resources Agency, river, free-flowing, system, land use regulation, director, immediate environments, special treatment areas, and board.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.52. As used in this chapter, the following terms have the following meanings: (a) “Secretary” means the Secretary of the Natural Resources Agency. (b) “Natural Resources Agency” means the Secretary of the Natural Resources Agency and any constituent units of the Resources Agency that the secretary determines to be necessary to accomplish the purposes of this chapter. (c) “River” means the water, bed, and shoreline of rivers, streams, channels, lakes, bays, estuaries, marshes, wetlands, and lagoons, up to the first line of permanently established riparian vegetation. (d) “Free-flowing” means existing or flowing without artificial impoundment, diversion, or other modification of the river. The presence of low dams, diversion works, and other minor structures does not automatically bar a river’s inclusion within the system. However, this subdivision does not authorize or encourage future construction of those structures on any component of the system. (e) “System” means the California Wild and Scenic Rivers System. (f) “Land use regulation” means the regulation by any state or local governmental entity, agency, or official of any activities that take place other than directly on the waters of the segments of the rivers designated in Section 5093.54. (g) “Director” means the Director of Fish and Wildlife. (h) “Immediate environments” means the land immediately adjacent to the segments of the rivers designated in Section 5093.54. (i) “Special treatment areas” means, for purposes of this chapter, those areas defined as special treatment areas in Section 895.1 of Title 14 of the California Code of Regulations, as in effect on January 1, 2004, as that definition applies to wild and scenic river segments designated from time to time in Section 5093.54, and also includes areas within 200 feet of the watercourse transition line of a state-designated recreational river segment designated in Section 5093.54 that may be at risk during timber operations. (j) “Board” means the State Board of Forestry and Fire Protection. (Amended by Stats. 2025, Ch. 401, Sec. 9. (AB 1520) Effective January 1, 2026.)
  135. 5093.53.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

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    Rivers or river segments in the system must be classified as wild, scenic, or recreational.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.53. Those rivers or segments of rivers included in the system shall be classified as one of the following: (a) Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. (b) Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. (c) Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. (Amended by Stats. 1982, Ch. 1481, Sec. 3.)
  136. 5093.54.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section designates many listed river segments as components of the state system and includes special limits preserving certain existing water rights and related activities.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.54. The following rivers and segments thereof are designated as components of the system: (a) Klamath River. The main stem from 100 yards below Iron Gate Dam to the Pacific Ocean; the Scott River from the mouth of Shackleford Creek west of Fort Jones to the river mouth near Hamburg; the Salmon River from Cecilville Bridge to the river mouth near Somes Bar; the North Fork of the Salmon River from the intersection of the river with the south boundary of the Marble Mountain Wilderness area to the river mouth; Wooley Creek from the western boundary of the Marble Mountain Wilderness area to its confluence with the Salmon River. (b) Trinity River. The main stem from 100 yards below Lewiston Dam to the river mouth at Weitchpec; the North Fork of the Trinity from the intersection of the river with the southern boundary of the Salmon-Trinity Primitive Area downstream to the river mouth at Helena; New River from the intersection of the river with the southern boundary of the Salmon-Trinity Primitive Area downstream to the river mouth near Burnt Ranch; South Fork of the Trinity from the junction of the river with State Highway Route 36 to the river mouth near Salyer. (c) Smith River. The main stem from the confluence of the Middle and South Forks to its mouth at the Pacific Ocean; the Middle Fork from its source about three miles south of Sanger Lake as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the middle of Section 7 T17N R5E; the Middle Fork from the middle of Section 7 T17N R5E to the middle of Section 6 T17N R5E; the Middle Fork from the middle of Section 6 T17N R5E to one-half mile upstream from the confluence with Knopki Creek; the Middle Fork from one-half mile upstream from the confluence with Knopki Creek to the confluence with the South Fork; Myrtle Creek from its source in Section 9 T17N R1E as depicted on 1952 USGS 15´ “Crescent City” topographic map to the middle of Section 28 T17N R1E; Myrtle Creek, from the middle of Section 28 T17N R1E to the confluence with the Middle Fork; Shelly Creek from its source in Section 1 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Patrick Creek; Kelly Creek from its source in Section 32 T17N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the Middle Fork; Packsaddle Creek from its source about 0.8 miles southwest of Broken Rib Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the eastern boundary of Section 3 T17N R1E; Packsaddle Creek from the eastern boundary of Section 3 T17N R4E to the northern boundary of Section 3 T17N R4E; Packsaddle Creek from the northern boundary of Section 3 T17N R4E to the confluence with the Middle Fork; East Fork Patrick Creek from its source in Section 10 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with West Fork Patrick Creek; West Fork Patrick Creek from its source in Section 18 T18N R3E as depicted on 1951 15´ “Gasquet” topographic map to the confluence with East Fork Patrick Creek; Griffin Creek from its source about 0.2 miles southwest of Hazel View Summit as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Middle Fork; Knopki Creek from its source about 0.4 miles west of Sanger Peak as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with Middle Fork; Monkey Creek from its source in the northeast quadrant of Section 12 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the northern boundary of Section 26 T18N R3E; Monkey Creek from the northern boundary of Section 26 T18N R3E to the confluence with the Middle Fork; Patrick Creek from the junction of the East and West Forks of Patrick Creek to the confluence with Middle Fork; the North Fork from the California-Oregon boundary to the confluence with an unnamed tributary in the northern quarter Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map; the North Fork from the confluence with an unnamed tributary in northern quarter of Section 5 T18N R2E to the southernmost intersection of eastern boundary Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map; the North Fork from the southernmost intersection of the eastern boundary Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Stony Creek; the North Fork from the confluence with Stony Creek to the confluence with the Middle Fork; Diamond Creek from the California-Oregon state boundary to the confluence with High Plateau Creek; Diamond Creek from the confluence with High Plateau Creek to the confluence with the North Fork; Bear Creek from its source in Section 24 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Diamond Creek; Still Creek from its source in Section 11 T18N R1E as depicted on 1952 USGS 15´ “Crescent City” topographic map to the confluence with the North Fork Smith River; North Fork Diamond Creek from the California-Oregon state boundary to the confluence with Diamond Creek; High Plateau Creek from its source in Section 26 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to northern boundary Section 23 T18N R2E; High Plateau Creek from the northern boundary Section 23 T18N R2E to the confluence with Diamond Creek; the Siskiyou Fork from its source about 0.7 miles southeast of Broken Rib Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the South Siskiyou Fork; the Siskiyou Fork from its confluence with the South Siskiyou Fork to the confluence with the Middle Fork; the South Siskiyou Fork from its source about 0.6 miles southwest of Buck Lake as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Siskiyou Fork; the South Fork from its source about 0.5 miles southwest of Bear Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to Blackhawk Bar; the South Fork from Blackhawk Bar to the confluence with the Middle Fork; Williams Creek from its source in Section 31 T14N R4E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with Eight Mile Creek; Eight Mile Creek from its source in Section 29 T14N R4E as depicted on 1955 USGS 15´ “Dillon Mountain” topographic map to the confluence with the South Fork; the Prescott Fork from its source about 0.5 miles southeast of Island Lake as depicted on 1955 USGS 15´ “Dillon Mountain” topographic map to the confluence with the South Fork; Quartz Creek from its source in Section 31 T16N R4E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork; Jones Creek from its source in Section 36 T16N R3E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the middle of Section 5 T15N R3E; Jones Creek from the middle of Section 5 T15N R3E to the confluence with the South Fork; Hurdygurdy Creek from its source about 0.4 miles southwest of Bear Basin Butte as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the South Fork; Gordon Creek from its source in Section 18 T16N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the South Fork; Coon Creek from the junction of the two-source tributaries in the southwest quadrant of Section 31 T17N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the western boundary Section 14 T16N R2E; Coon Creek from the western boundary Section 14 T16N R2E to the confluence with the South Fork; Craigs Creek from its source in Section 36 T17N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the South Fork; Buck Creek from its source at Cedar Camp Spring as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork; Muzzleloader Creek from its source in Section 2 T15N R3E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with Jones Creek; Canthook Creek from its source in Section 2 T15N R2E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with South Fork. (d) Eel River. The main stem from 100 yards below Van Arsdale Dam to the Pacific Ocean; the South Fork of the Eel from the mouth of Section Four Creek near Branscomb to the river mouth below Weott; Middle Fork of the Eel from the intersection of the river with the southern boundary of the Middle Eel-Yolla Bolly Wilderness Area to the river mouth at Dos Rios; North Fork of the Eel from the Old Gilman Ranch downstream to the river mouth near Ramsey; Van Duzen River from Dinsmores Bridge downstream to the river mouth near Fortuna. (e) American River. The North Fork from its source to the Iowa Hill Bridge; the Lower American from Nimbus Dam to its junction with the Sacramento River. (f) (1) West Walker River. The main stem from its source to the confluence with Rock Creek near the town of Walker; Leavitt Creek from Leavitt Falls to the confluence with the main stem of the West Walker River. (2) Carson River. The East Fork from the Hangman’s Bridge crossing of State Highway Route 89 to the California-Nevada border. (3) The Legislature finds and declares that, because the East Fork Carson River and West Walker River are interstate streams, and a source of agricultural water and domestic water for communities within the Counties of Alpine and Mono where they originate, it is necessary that the following special provisions apply: (A) Nothing in this subdivision shall be construed to prohibit the replacement of diversions or changes in the purpose of use, place of use, or point of diversion under existing water rights, except that (i) no replacement or change shall operate to increase the adverse effect, if any, of the preexisting diversion facility or place or purpose of use, upon the free-flowing condition and natural character of the stream, and (ii) after January 1, 1990, no new diversion shall be constructed unless and until the secretary determines that the facility is needed to supply domestic water to the residents of any county through which the river or segment flows and that the facility will not adversely affect the free-flowing condition and natural character of the stream. (B) Nothing in this chapter shall be construed as quantifying or otherwise affecting any equitable apportionment, or as establishing any upper limit, between the State of California and the State of Nevada of the waters of these streams. (g) (1) The South Yuba River: From Lang Crossing to its confluence with Kentucky Creek below Bridgeport. (2) Nothing in this subdivision shall prejudice, alter, delay, interfere with, or affect in any way, the existing rights of the Placer County Water Agency; the implementation of those rights; any historic water use practices; the replacement, maintenance, repair, operation, or future expansion of existing diversions, storage, powerhouses, or conveyance facilities or other works by the Placer County Water Agency; or changes in the purpose of use, places of use, points of diversion, or ownership of those existing water rights; nor shall anything in this subdivision preclude the issuance of any governmental authorization needed for utilization of those rights, except that no changes shall operate to increase the adverse effect, if any, of the preexisting facilities or places, or the purposes of use upon the free-flowing and natural character of the river segment designated in this subdivision. (h) Albion River. The Albion River from one-fourth mile upstream of its confluence with Deadman Gulch downstream to its mouth at the Pacific Ocean. (i) Gualala River. The main stem Gualala River from the confluence of the North and South Forks to the Pacific Ocean. (j) (1) Cache Creek from one-fourth mile below Cache Creek Dam to Camp Haswell. (2) North Fork Cache Creek from the Highway 20 bridge to the confluence with the main stem. (3) The designation of Cache Creek under paragraphs (1) and (2) shall not prejudice, alter, delay, interfere with, or affect in any way, the existing water rights of the Yolo County Flood Control and Water Conservation District, or public water agencies within the Cache Creek watershed lying in the County of Lake, including the range of operations permitted under these existing water rights; any historic water use practices within existing water rights; or the replacement, maintenance, repair, or future expansion within existing water rights of existing diversion, storage, powerhouse, or conveyance facilities or other works by the Yolo County Flood Control and Water Conservation District or public water agencies within the Cache Creek watershed lying in the County of Lake. (4) The designation of Cache Creek under paragraphs (1) and (2) shall not prejudice, alter, delay, interfere with, or affect any changes to the existing water rights of the Yolo County Flood Control and Water Conservation District, including changes to the purpose of use, place of use, points of diversion, quantity of water diverted, or ownership, or applications by the district for new water rights; provided, that the changes or applications do not involve the construction of a dam, reservoir, diversion, or other water impoundment facility within the segments of Cache Creek designated in paragraphs (1) and (2). Any such change or application shall be subject to all applicable constitutional, statutory, and judicial requirements, including the public trust doctrine. (5) As the waters of the Cache Creek watershed are the sole source of supply within that watershed for the County of Lake, the designation of Cache Creek under paragraphs (1) and (2) shall not prejudice, alter, delay, interfere with, or affect any changes to the existing water rights of the public water agencies within the Cache Creek watershed lying in the County of Lake, including changes to the purpose of use, place of use, points of diversion, quantity of water diverted, or ownership, or applications by these agencies for new water rights; provided, that the changes or applications do not involve the construction of a dam, reservoir, diversion, or other water impoundment facility within the segments of Cache Creek designated in paragraphs (1) and (2). Any such change or application shall be subject to all applicable constitutional, statutory, and judicial requirements, including the public trust doctrine. (6) (A) The designation of Cache Creek under paragraphs (1) and (2) shall not impair or affect in any way activities to manage or remove invasive or nonnative plants and animal species. (B) The designation of Cache Creek under paragraphs (1) and (2) shall not impair or affect in any way activities to remediate mercury pollution; provided, that this activity does not involve the construction of a dam, reservoir, diversion, or other water impoundment facility within the segments of Cache Creek designated in paragraphs (1) and (2). (7) (A) Neither the Governor nor an employee of a state agency or department shall apply to a secretary, department, agency, or other entity of the federal government for the designation of any portion of Cache Creek as a component of the national wild and scenic rivers system under the federal Wild and Scenic Rivers Act (16 U.S.C. Sec. 1271 et seq.). (B) Neither the Governor nor an employee of a state agency or department shall expend funds preparing, filing, or otherwise submitting an application to a secretary, department, or other entity of the federal government for the designation of any portion of Cache Creek as a component of the national wild and scenic rivers system under the federal Wild and Scenic Rivers Act (16 U.S.C. Sec. 1271 et seq.). (8) To the extent that this subdivision conflicts with other provisions of this chapter, this subdivision shall control. (k) (1) Mokelumne River. The following segments are designated: (A) Segment A1: North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs Dam to Bear River confluence. (B) Segment A2: North Fork Mokelumne River from the Bear River confluence to 0.50 miles upstream of the Tiger Creek Powerhouse. (C) Segment B: North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay Dam to State Highway Route 26 (SR-26). (D) Segment C1: North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the southern boundary of Section 12, T6N R12E. (E) Segment C2: Section 12 boundary to confluence of the North and Middle Forks Mokelumne River. (F) Segment D: Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse. (G) Segment E: Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level. (2) The designation of the Mokelumne River segments under paragraph (1) is subject to all of the following special provisions: (A) The designation of the identified segments of the Mokelumne River into the system shall not prejudice, alter, delay, interfere with, or affect in any way, the existing water rights of the Pacific Gas and Electric Company or public water agencies in the Counties of Alpine, Amador, and Calaveras, including the Amador Water Agency’s pending water right application 5647X03; the range of operations permitted under these existing water rights; any historic consumptive water use practices within existing water rights; full utilization of existing water rights, including changes in the purposes of use, places of use, points of diversion, quantities of water diverted or ownership; or the replacement, maintenance, repair, rehabilitation or alteration, or operation of facilities with no or negligible expansion of capacity within existing water rights of existing diversion, storage, powerhouse, or conveyance facilities or other works by the Pacific Gas and Electric Company or public water agencies in the Counties of Alpine, Amador, and Calaveras. Nothing in this subdivision shall preclude the issuance of any governmental authorization or financial assistance needed for full utilization of those rights. No such changes shall cause an adverse effect upon the free-flowing condition, natural character, immediate environments, or extraordinary scenic or recreational values of the river segments designated herein, provided that the existing water rights and facilities may be utilized to their fullest extent in accordance with applicable law. For the purposes of this designation, an adverse effect will be considered to be significant impairment to flows that would otherwise exist within designated segments. (B) The designation of the identified segments of the Mokelumne River into the system shall not prejudice, alter, delay, interfere with, or affect any applications for new water rights by the Pacific Gas and Electric Company, or any applications for new water rights or unappropriated water that may be available under State Filings 5647 and 5648 by public water agencies in the Counties of Alpine, Amador, and Calaveras, provided that the applications do not involve the construction of a dam, reservoir, other water impoundment facility within the designated segments, impound water on a designated segment, or diversion on a designated segment in a manner inconsistent with this chapter, nor cause an adverse effect upon the free-flowing condition, natural character, immediate environments, or extraordinary scenic or recreational values, or both, of the river segments designated herein. Any change, application, or future new projects or existing projects with significant expansion in capacity under this subdivision shall be subject to a determination that any such future changes will not cause an adverse effect upon the free-flowing condition, natural character, immediate environments, or extraordinary scenic or recreational values of the river segments designated herein. Nothing in this subdivision shall preclude the issuance of any governmental authorization or financial assistance needed for the feasibility study and review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) of any such change, application, or projects. For the purposes of this designation, an adverse effect will be considered to be significant impairment to flows that would otherwise exist within designated segments. (C) The designation of the identified segments of the Mokelumne River into the system shall not prejudice, alter, affect in any way, or interfere with the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project (FERC No. 137) currently under the 2001 Federal Energy Regulatory Commission license for the project, the incorporated settlement agreement, any license amendments made with the agreement of the parties to the incorporated settlement agreement, and any adjustment of flows permitted to occur pursuant to the license for enhancement of ecological and recreational resources. The designation of the identified segments of the Mokelumne River into the state wild and scenic rivers system shall not prejudice, alter, affect in any way or interfere with the maintenance, repair, or recreational opportunities of the Roaring Camp Mining Company and its associated structures, facilities, and land. (D) Neither the Governor nor an employee of a state agency or department shall expend funds preparing, filing, applying, nominating, or otherwise submitting an application to a secretary, department, agency, or other entity of the federal government to include any segment designated herein into the National Wild and Scenic Rivers System under the National Wild and Scenic Rivers Act (16 U.S.C. Sec. 1271(2)(a)(ii)). (E) To the extent that these special provisions conflict with other provisions of this chapter, this subdivision shall control. (l) Other rivers which qualify for inclusion in the system may be recommended to the Legislature by the secretary. (Amended by Stats. 2018, Ch. 51, Sec. 23. (SB 854) Effective June 27, 2018.)
  137. 5093.541.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    No dam, reservoir, diversion, or other water impoundment facility may be built on the listed Smith River tributaries, and relevant state agencies must carry out fishery-protection powers to protect and restore fishery resources there.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.541. (a) Notwithstanding the fact that the tributaries of the Smith River specified in this subdivision are not included in the system, no dam, reservoir, diversion, or other water impoundment facility shall be constructed on any of the following tributaries of the Smith River: (1) Dominie Creek. (2) Rowdy Creek. (3) South Fork Rowdy Creek. (4) Savoy Creek. (5) Little Mill Creek. (6) Bummer Lake Creek. (7) East Fork Mill Creek. (8) West Branch Mill Creek. (9) Rock Creek. (10) Goose Creek. (11) East Fork Goose Creek. (12) Mill Creek. (b) All state agencies exercising powers under any other provision of law with respect to the protection and restoration of fishery resources shall continue to exercise those powers in a manner to protect and restore fishery resources in the tributaries specified in subdivision (a). In carrying out the provisions of this subdivision, any exercise of powers shall be consistent with the provisions of Section 5093.58. (Added by Stats. 1982, Ch. 1481, Sec. 5.)
  138. 5093.542.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    The section protects the McCloud River by banning certain water-impoundment construction and limiting state assistance for such projects, with specific exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.542. The Legislature finds and declares that the McCloud River possesses extraordinary resources in that it supports one of the finest wild trout fisheries in the state. Portions of the river have been appropriately designated by the Fish and Game Commission, pursuant to Chapter 7.2 (commencing with Section 1725) of Division 2 of the Fish and Game Code, as wild trout waters, with restrictions on the taking, or method of taking, of fish. The Legislature has determined, based upon a review of comprehensive technical data evaluating resources and potential beneficial uses, that potential beneficial uses must be balanced, in order to achieve protection of the unique fishery resources of the McCloud River, as follows: (a) The continued management of river resources in their existing natural condition represents the best way to protect the unique fishery of the McCloud River. The Legislature further finds and declares that maintaining the McCloud River in its free-flowing condition to protect its fishery is the highest and most beneficial use of the waters of the McCloud River within the segments designated in subdivision (b), and is a reasonable use of water within the meaning of Section 2 of Article X of the California Constitution. (b) A dam, reservoir, diversion, or other water impoundment facility shall not be constructed on the McCloud River from Algoma to the confluence with Huckleberry Creek, and 0.25 mile downstream from the McCloud Dam to the McCloud River Bridge and such a facility shall not be constructed on Yét Atwam Creek from the confluence with Cabin Creek to the confluence with the McCloud River. (c) Except for participation by the Department of Water Resources in studies involving the technical and economic feasibility of enlargement of Shasta Dam, a department or agency of the state shall not assist or cooperate with, whether by loan, grant, license, or otherwise, any agency of the federal, state, or local government in the planning or construction of any dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition of the McCloud River, or on its wild trout fishery. (d) A state agency exercising powers under any other law with respect to the protection and restoration of fishery resources shall continue to exercise those powers in a manner to protect and enhance the fishery of those segments designated in subdivision (b). In carrying out this subdivision, the exercise of powers shall be consistent with Section 5093.58. (e) This section does not prejudice, alter, affect in any way, or interfere with the construction, maintenance, repair, or operation by the Pacific Gas and Electric Company of the existing McCloud-Pit development (FERC 2106) under its license, or prevent Pacific Gas and Electric from constructing a hydroelectric generating facility by retrofitting the existing McCloud Dam if the operation of the facility does not alter the existing flow regime below the dam. (Amended by Stats. 2025, Ch. 401, Sec. 10. (AB 1520) Effective January 1, 2026.)
  139. 5093.545.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section revises and adopts the classifications of listed rivers and river segments as wild, scenic, or recreational.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.545. The classifications heretofore established by the secretary for the rivers or segments of rivers included in the system are revised and adopted as follows: Rivers Classification (a) Klamath River: The Klamath River from the FERC Project 2082 downstream boundary in Section 17 T47N R5W as shown on Exhibit K-7 sheet 1 dated May 25, 1962, to the river mouth at the Pacific Ocean Recreational (b) Scott River: (1) The Scott River from Shackleford Creek to McCarthy Creek Recreational (2) The Scott River from McCarthy Creek to Scott Bar Scenic (3) The Scott River from Scott Bar to the confluence with the Klamath River Recreational (c) Salmon River: (1) The Salmon River from the Forks of Salmon to the Lewis Creek confluence Recreational (2) The Salmon River from the Lewis Creek confluence to the Wooley Creek confluence Scenic (3) The Salmon River from the Wooley Creek confluence to the confluence with the Klamath River Recreational (4) The South Fork of the Salmon River from Cecilville to St. Claire Creek confluence Recreational (5) The South Fork from St. Claire Creek confluence to the Matthews Creek confluence Scenic (6) The South Fork from Matthews Creek confluence to the Forks of Salmon Recreational (7) The North Fork of the Salmon River from Marble Mountain Wilderness boundary to Mule Bridge Campground in Section 35 T12N R11W and Section 12 T11N R11W Wild (8) The North Fork from Mule Bridge Campground to the Forks of Salmon Recreational (9) Wooley Creek from the Marble Mountain Wilderness Area boundary to1/2 mile upstream of the confluence with Salmon River Wild (10) Wooley Creek downstream1/2 mile above the confluence with the Salmon River Recreational (d) Trinity River: (1) The Trinity River from 100 yards below Lewiston Dam to Cedar Flat Creek confluence Recreational (2) The Trinity River from Cedar Flat Creek confluence to Gray Falls Scenic (3) The Trinity River from Gray Falls to the west boundary of Section 2 T8N R4E Recreational (4) The Trinity River from the west boundary of Section 2 T8N R4E to the confluence with the Klamath River at Weitchpec Scenic (5) The North Fork of the Trinity River from the Trinity Alps Primitive Area boundary to north boundary Section 20 T34N R11W Wild (6) The North Fork from the north boundary Section 20 T34N R11W to mouth Recreational (7) The South Fork Trinity River from Forest Glen to Hidden Valley Ranch Wild (8) The South Fork from Hidden Valley Ranch to the Naufus Creek confluence in Section 8 T1N R7E Scenic (9) The South Fork from the Naufus Creek confluence in Section 8 T1N R7E to Johnson Creek confluence near the boundary of Sections 13 and 14 T2N R6E Wild (10) The South Fork from Johnson Creek confluence near the boundary of Sections 13 and 14 T2N R6E to the boundary of Sections 25 and 36 T2N R6E Scenic (11) The South Fork from the boundary of Sections 25 and 36 T2N R6E to the footbridge near the mouth of Underwood Creek in Section 17 T4N R6E Humboldt Base and Meridian Recreational (12) The South Fork from the footbridge near the mouth of Underwood Creek in Section 17 T4N R6E to Todd Ranch in Section 18 T5N R5E Wild (13) The South Fork from Todd Ranch in Section 18 T5N R5E to the confluence with Main Trinity Scenic (14) New River from the Salmon Trinity Primitive Area boundary to the junction with the East Fork New River in Section 23 T7N R7E Wild (15) New River from the junction with the East Fork New River in Section 23 T7N R7E to 100 yards below Panther Creek Campground in Section 18 T6N R7E Recreational (16) New River from 100 yards below Panther Creek Campground in Section 18 T6N R7E to Dyer Creek confluence in Section 25 T26N R6E Scenic (17) New River from Dyer Creek confluence in Section 25 T26N R6E to the confluence with Trinity River Wild (e) Smith River: (1) Smith River from the confluence of the Middle and South Forks to its mouth at the Pacific Ocean Recreational (2) Middle Fork Smith River from its source about 3 miles south of Sanger Lake as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the middle of Section 7 T17N R5E Wild (3) Middle Fork Smith River from the middle of Section 7 T17N R5E to the middle of Section 6 T17N R5E Scenic (4) Middle Fork Smith River from middle of Section 6 T17N R5E to one-half mile upstream from the confluence with Knopki Creek Wild (5) Middle Fork Smith River from one-half mile upstream from the confluence with Knopki Creek to the confluence with South Fork Smith River Recreational (6) Myrtle Creek from its source in Section 9 T17N R1E as depicted on 1952 USGS 15´ “Crescent City” topographic map to the middle of Section 28 T17N R1E Recreational (7) Myrtle Creek from the middle of Section 28 T17N R1E to the confluence with the Middle Fork Smith River Recreational (8) Shelly Creek from its source in Section 1 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Patrick Creek Recreational (9) Kelly Creek from its source in Section 32 T17N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the Middle Fork Smith River Recreational (10) Packsaddle Creek from its source about 0.8 miles southwest of Broken Rib Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the eastern boundary of Section 3 T17N R1E Recreational (11) Packsaddle Creek from the eastern boundary of Section 3 T17N R4E to the northern boundary of Section 3 T17N R4E Recreational (12) Packsaddle Creek from the northern boundary of Section 3 T17N R4E to the confluence with the Middle Fork of Smith River Recreational (13) East Fork Patrick Creek from its source in Section 10 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the West Fork Patrick Creek Recreational (14) West Fork Patrick Creek from its source in Section 18 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the East Fork Patrick Creek Recreational (15) Griffin Creek from its source about 0.2 miles southwest of Hazel View Summit as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Middle Fork Smith River Recreational (16) Knopki Creek from its source about 0.4 miles west of Sanger Peak as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Middle Fork Smith River Recreational (17) Monkey Creek from its source in the northeast quadrant of Section 12 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the northern boundary of Section 26 T18N R3E Recreational (18) Monkey Creek from the northern boundary of Section 26 T18N R3E to the confluence with the Middle Fork of Smith River Recreational (19) Patrick Creek from the junction of East and West Forks of Patrick Creek to the confluence with the Middle Fork Smith River Recreational (20) North Fork Smith River from the California-Oregon boundary to the confluence with an unnamed tributary in the northern quarter Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map Wild (21) North Fork Smith River from the confluence with an unnamed tributary in the northern quarter of Section 5 T18N R2E to the southernmost intersection of the eastern boundary of Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map Scenic (22) North Fork Smith River from the southernmost intersection of the eastern boundary Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Stony Creek Wild (23) North Fork Smith River from the confluence with Stony Creek to the confluence with the Middle Fork of the Smith River Recreational (24) Diamond Creek from the California-Oregon state boundary to the confluence with High Plateau Creek Recreational (25) Diamond Creek from the confluence with High Plateau Creek to the confluence with the North Fork Smith River Recreational (26) Bear Creek from its source in Section 24 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Diamond Creek Recreational (27) Still Creek from its source in Section 11 T18N R1E as depicted on 1952 USGS 15´ “Crescent City” topographic map to the confluence with the North Fork Smith River Recreational (28) North Fork Diamond Creek from the California-Oregon state boundary to the confluence with Diamond Creek Recreational (29) High Plateau Creek from its source in Section 26 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the northern boundary Section 23 T18N R2E Recreational (30) High Plateau Creek from the northern boundary Section 23 T18N R2E to the confluence with Diamond Creek Recreational (31) Siskiyou Fork of Smith River from its source about 0.7 miles southeast of Broken Rib Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the South Siskiyou Fork of the Smith River Wild (32) Siskiyou Fork of the Smith River from the confluence with the South Siskiyou Fork of the Smith River to the confluence with the Middle Fork of the Smith River Recreational (33) South Siskiyou Fork of the Smith River from its source about 0.6 miles southwest of Buck Lake as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Siskiyou Fork of the Smith River Wild (34) South Fork Smith River from its source about 0.5 miles southwest of Bear Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to Blackhawk Bar Wild (35) South Fork Smith River from Blackhawk Bar to the confluence with the Middle Fork Smith River Recreational (36) Williams Creek from its source in Section 31 T14N R4E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with Eight Mile Creek Recreational (37) Eight Mile Creek from its source in Section 29 T14N R4E as depicted on 1955 USGS 15´ “Dillon Mtn.” topographic map to the confluence with the South Fork Smith River Recreational (38) Prescott Fork of the Smith River from its source about 0.5 miles southeast of Island Lake as depicted on 1955 USGS 15´ “Dillon Mtn.” topographic map to the confluence with the South Fork Smith River Recreational (39) Quartz Creek from its source in Section 31 T16N R4E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork Smith River Recreational (40) Jones Creek from its source in Section 36 T16N R3E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the middle of Section 5 T15N R3E Recreational (41) Jones Creek from the middle of Section 5 T15N R3E to the confluence with the South Fork of the Smith River Recreational (42) Hurdygurdy Creek from its source about 0.4 miles southwest of Bear Basin Butte as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the South Fork Smith River Recreational (43) Gordon Creek from its source in Section 18 T16N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the South Fork Smith River Recreational (44) Coon Creek from the junction of the two source tributaries in the southwest quadrant of Section 31 T17N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the western boundary of Section 14 T16N R2E Recreational (45) Coon Creek from the western boundary of Section 14 T16N R2E to the confluence with the South Fork Smith River Recreational (46) Craigs Creek from its source in Section 36 T17N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the South Fork Smith River Recreational (47) Buck Creek from its source at Cedar Camp Spring as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork Smith River Recreational (48) Muzzleloader Creek from its source in Section 2 T15N R3E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with Jones Creek Recreational (49) Canthook Creek from its source in Section 2 T15N R2E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork Smith River Recreational (f) Eel River: (1) The Eel River from 100 yards below Cape Horn Dam to the confluence with Tomki Creek Recreational (2) The Eel River from the confluence with Tomki Creek to the middle of Section 22 T19N R12W Scenic (3) The Eel River from the middle of Section 22 T19N R12W to the boundary between Sections 7 and 8 T19N R12W Recreational (4) The Eel River from the boundary between Sections 7 and 8 T19N R12W to the confluence with Outlet Creek Wild (5) The Eel River from the confluence with Outlet Creek to the mouth at the Pacific Ocean Recreational (6) The South Fork of the Eel River from the mouth of Section Four Creek near Branscomb Recreational (7) The South Fork of the Eel River from Horseshoe Bend to the middle of Section 29 T23N R16W Wild (8) The South Fork of the Eel River from the middle of Section 29 T23N R16W to the confluence with the main Eel near Weott Recreational (9) Middle Fork of the Eel River from the intersection of the river with the southern boundary of the Middle Eel-Yolla Bolly Wilderness Area to the Eel River Ranger Station Wild (10) The Middle Fork of the Eel River from Eel River Ranger Station to Williams Creek Recreational (11) The Middle Fork of the Eel River from Williams Creek to the southern boundary of the northern quarter of Section 25 T22N R12W Scenic (12) The Middle Fork of the Eel River from the southern boundary of the northern quarter of Section 25 T22N R12W to the boundary between Sections 4 and 5 T21N R13W Wild (13) The Middle Fork of the Eel River from the boundary between Sections 4 and 5 T21N R13W to the confluence with main Eel at Dos Rios Recreational (14) The North Fork of the Eel River from the Old Gilman Ranch to the middle of Section 8 T24N R13W Wild (15) The North Fork of the Eel River from the middle of Section 8 T24N R13W to the boundary between Sections 12 and 13 T24N R14W Recreational (16) The North Fork of the Eel River from the boundary between Sections 12 and 13 T24N R14W to the confluence with main Eel Wild (g) Van Duzen River: (1) The Van Duzen River from the Dinsmore Bridge to the powerline crossing above Little Larabee Creek Scenic (2) The Van Duzen River from the powerline crossing above Little Larabee Creek to the confluence with Eel River Recreational (h) Lower American River: The Lower Ameri- can River from Nimbus Dam to its junction with the Sacramento River Recreational (i) North Fork American River: (1) The North Fork from the source of the North Fork American River to two and one-half miles above the Forest Hill-Soda Springs Road Wild (2) The North Fork from two and one-half miles above the Forest Hill-Soda Springs Road to one-half mile below the Forest Hill-Soda Springs Road Scenic (3) The North Fork from one-half mile below the Forest Hill-Soda Springs Road to one-quarter mile above the Iowa Hill Bridge Wild (4) The North Fork from one-quarter mile above the Iowa Hill Bridge to the Iowa Hill Bridge Scenic (j) West Walker River: (1) West Walker River from Tower Lake to northern boundary of Section 10 (T5N, R22E) Wild (2) West Walker River From northern boundary of Section 10 (T5N, R22E) to the eastern boundary of Section 23 (T6N, R22E) Scenic (3) West Walker River from the eastern boundary of Section 23 (T6N, R22E) to the eastern boundary of Section 24 (T6N, R22E) Recreational (4) West Walker River from the eastern boundary of Section 24 (T6N, R22E) to the confluence with Little Walker River Scenic (5) West Walker River from the confluence with Little Walker River to the confluence with Rock Creek Recreational (6) Leavitt Creek from Leavitt Falls to the confluence with West Walker River Scenic (k) East Fork Carson River: East Fork Carson River from Hangman’s Bridge crossing of state Highway 89 to the California-Nevada border Scenic (l) (1) The South Yuba River: (A) The South Yuba River from Lang Crossing to the confluence with Fall Creek Scenic (B) The South Yuba River from the confluence with Fall Creek to the confluence with Jefferson Creek below the Town of Washington Recreational (C) The South Yuba River from the confluence with Jefferson Creek to Edwards Crossing Scenic (D) The South Yuba River from Edwards Crossing to its confluence with Kentucky Creek below Bridgeport Scenic (2) This subdivision shall become operative January 1, 2001. (m) Albion River: The Albion River from one-fourth mile upstream of its confluence with Deadman Gulch downstream to its mouth at the Pacific Ocean Recreational (n) Gualala River: The main stem Gualala River from the confluence of the North and South Forks to the Pacific Ocean Recreational (o) Cache Creek: (1) North Fork Section: From Highway 20 two miles downstream to the confluence of Cache Creek and the North Fork Cache Creek Scenic (2) Mainstem Section: (A) One-quarter mile downstream of Cache Creek Dam to the confluence with Davis Creek Wild (B) Davis Creek confluence to 1 mile downstream of Davis Creek confluence Scenic (C) One mile downstream of Davis Creek confluence to western boundary of Section 6 T12N R4W Wild (D) Western boundary of Section 6 to the confluence with Bear Creek Scenic (E) Bear Creek confluence to Camp Haswell Recreational (p) Mokelumne River:(1) Segment A1: North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs Dam to Bear River confluence Recreational (2) Segment A2: North Fork Mokelumne River from the Bear River confluence to 0.50 miles upstream of the Tiger Creek Powerhouse Wild (3) Segment B: North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay Dam to State Highway Route 26 (SR-26) Scenic (4) Segment C1: North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the southern boundary of Section 12, T6N R12E Wild (5) Segment C2: Section 12 boundary to confluence of the North and Middle Forks Mokelumne River Recreational (6) Segment D: Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse Scenic (7) Segment E: Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level Recreational (Amended by Stats. 2025, Ch. 401, Sec. 11. (AB 1520) Effective January 1, 2026.)
  140. 5093.546.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    Rivers or river segments in the system are classified or reclassified by statute, and the secretary may recommend legislation for that purpose.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.546. Classification or reclassification of rivers or segments of rivers within the system as wild, scenic, or recreational shall be by statute. The secretary may recommend legislation to classify or reclassify rivers or segments of rivers within the system, and may include specific land use restrictions relative to each particular classification in such recommendations. (Added by Stats. 1982, Ch. 1481, Sec. 7.)
  141. 5093.547.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    The secretary must study river or segment additions and report findings, recommendations, and required report details to the Governor and Legislature.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.547. (a) The secretary shall study and submit to the Governor and the Legislature reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof which are designated by the Legislature as potential additions to the system. The secretary shall report to the Legislature his or her recommendations and proposals with respect to the designation of a river or segment. (b) Each report, including maps and illustrations, shall show, among other things, the area included within the report, the characteristics which do or do not make the area a worthy addition to the system, the current status of land ownership and use in the immediate environment, and the reasonably foreseeable potential uses of the land and water which will be enhanced, foreclosed, or curtailed if the river or river segment were included in the system. (Amended by Stats. 1995, Ch. 183, Sec. 2. Effective January 1, 1996.)
  142. 5093.55.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    Temporary flood storage facilities permitted under Section 5093.57 are excepted. Otherwise, dams, reservoirs, diversions, and other water impoundment facilities may not be built on designated river segments, and water diversion facilities may not be built unless the secretary makes the required need and environmental findings.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.55. Other than temporary flood storage facilities permitted pursuant to Section 5093.57, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any river and segment thereof designated in Section 5093.54; nor may a water diversion facility be constructed on the river and segment unless and until the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows, and unless and until the secretary determines that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. (Amended by Stats. 2004, Ch. 545, Sec. 2. Effective January 1, 2005.)
  143. 5093.56.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    State departments and agencies may not help with planning or building certain water impoundment facilities if they could harm designated wild and scenic river conditions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.56. No department or agency of the state may assist or cooperate, whether by loan, grant, license, or otherwise, with any department or agency of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of the rivers and segments thereof designated in Section 5093.54 as included in the system. (Amended by Stats. 2018, Ch. 51, Sec. 27. (SB 854) Effective June 27, 2018.)
  144. 5093.57.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section says flood-protection measures needed to protect lives and property along the Eel River are not prohibited, except for dams, reservoirs, and other water impoundment structures.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.57. Nothing in this chapter shall be construed to prohibit any measures for flood protection, structural or nonstructural, necessary for the protection of lives and property along the Eel River as described in subdivision (d) of Section 5093.54, except for dams, reservoirs, or other water impoundment structures; provided, however, that such measures for flood protection may include facilities for temporary flood storage or flood storage basins on tributaries of the Eel River. (Added by Stats. 1972, Ch. 1259.)
  145. 5093.58.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section says the chapter does not give the secretary or other state or local officials or agencies authority to issue or carry out land-use-related orders, rules, regulations, guidelines, or directives.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.58. This chapter neither diminishes the power of the secretary or any other state or local official or agency under any other statute, nor conveys any authority, express or implied, to the secretary or any state or local agency, commission, board, or official to adopt or implement any interim or permanent order, rule, regulation, guideline, or directive concerning land use regulation. (Repealed and added by Stats. 1982, Ch. 1481, Sec. 11.)
  146. 5093.60.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    The Resources Agency must coordinate relevant state agency activities with other state, local, and federal agencies that may affect the rivers in the system.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.60. The Resources Agency shall be responsible for coordinating the activities of state agencies whose activities affect the rivers in the system with those of other state, local, and federal agencies with jurisdiction over matters which may affect the rivers. (Repealed and added by Stats. 1982, Ch. 1481, Sec. 14.)
  147. 5093.61.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    State departments, agencies, and local government agencies must use their other legal powers in ways that protect or align with the Wild and Scenic Rivers Act’s goals.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.61. All departments and agencies of the state shall exercise their powers granted under any other provision of law in a manner that protects the free-flowing state of each component of the system and the extraordinary values for which each component was included in the system. All local government agencies shall exercise their powers granted under any other provision of law in a manner consistent with the policy and provisions of this chapter. (Amended by Stats. 2004, Ch. 545, Sec. 4. Effective January 1, 2005.)
  148. 5093.62.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section says the chapter does not change the state's jurisdiction or responsibility for fish, wildlife, or habitat, and hunting or fishing may be allowed on system lands and waters if state or federal laws and regulations allow it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.62. Nothing in this chapter shall affect the jurisdiction or responsibility of the state with regard to fish, wildlife, or their habitat. Hunting and fishing may be permitted on lands and waters administered as parts of the system under applicable state or federal laws and regulations. (Amended by Stats. 1982, Ch. 1481, Sec. 16.)
  149. 5093.63.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section says the chapter cannot be used to permit or require reservation, use, or taking of private property for scenic, fishery, wildlife, or recreation purposes, or for other public use, without just compensation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.63. Nothing in this chapter shall be construed to permit or require the reservation, use, or taking of private property for scenic, fishery, wildlife, or recreation purposes, for inclusion in the system or for other public use, without just compensation. (Added by Stats. 1972, Ch. 1259.)
  150. 5093.64.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    If part of the chapter is invalid, the rest still applies.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.64. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1972, Ch. 1259.)
  151. 5093.66.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    Mining activity that would significantly harm certain scenic, recreational, fishery, or wildlife values is not permitted within one-quarter mile of the north fork of the Smith River in Del Norte County.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.66. (a) The Legislature hereby finds and declares that the enactment of this section is necessary in order to allow extraction and refinement of strategic metals at a site on Gasquet Mountain within the Smith River watershed. (b) Notwithstanding subdivision (c) of Section 5093.54 or any other provisions of this chapter, Hardscrabble Creek and all of its tributaries, a tributary of the Smith River, are excluded from the system. (c) Notwithstanding subdivision (a) of Section 5093.58 or any other provision of this chapter, Copper Creek and all of its tributaries, a tributary to the Smith River, located in Sections 26, 27, 28, 34, and 35 of Township 18 North, Range 1 East, within the County of Del Norte, are classified as recreational. (d) In order to protect extraordinary scenic, recreational, fishery, or wildlife values within one-quarter mile of the north fork of the Smith River located in the County of Del Norte, no mining activity shall be permitted which would result in a significant adverse effect to these values within one-quarter mile of the north fork of the Smith River. (e) Nothing in this section or Section 5093.67 is intended to modify or limit the regulatory authority of any state agency under any other provision of law. (Amended by Stats. 1982, Ch. 1336, Sec. 12.)
  152. 5093.67.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    The secretary may authorize temporary impoundments for recreational purposes on recreational river portions if specified environmental and recreational findings are made.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.67. In order to enhance the recreational qualities of rivers where temporary summer recreational dams have been constructed in the past to improve water oriented recreational opportunities for the public, the secretary may authorize the emplacement of temporary impoundments for recreational purposes on portions of rivers included in the system which are classified as recreational, if the secretary finds all of the following: (a) There has been a history of impoundments at the location for recreational purposes. (b) The impoundment will not cause an adverse effect on the fishery values of the river. (c) The impoundment will be removed before it would interfere with anadromous fisheries. (d) The impoundment will improve the recreational opportunities for the public. (e) The impoundment will not adversely affect navigation, scenic qualities, and public access. (Added by Stats. 1982, Ch. 14, Sec. 2. Effective February 5, 1982.)
  153. 5093.68.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    This section lets forest officers stop certain timber operations in special treatment areas near wild, scenic, or recreational river segments when specified violation and damage conditions are met, and it sets related compliance, notice, and penalty rules.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.68. (a) Within the boundaries of special treatment areas adjacent to wild, scenic, or recreational river segments, all of the following provisions shall apply, in addition to any other applicable provision under this chapter or generally, whether by statute or regulation: (1) A timber operator, whether licensed or not, is responsible for the actions of his or her employees. The registered professional forester who prepares and signs a timber harvesting plan, a timber management plan, or a notice of timber operations is responsible for its contents, but is not responsible for the implementation or execution of the plan or notice unless employed for that purpose. (2) A registered professional forester preparing a timber harvesting plan shall certify that he or she or a qualified representative has personally inspected the plan area on the ground. (b) In order to temporarily suspend timber operations that are being conducted within special treatment areas adjacent to wild, scenic, or recreational rivers designated pursuant to Section 5093.54, while judicial remedies are pursued pursuant to this section, an inspecting forest officer of the Department of Forestry and Fire Protection may issue a written timber operations stop order if, upon reasonable cause, the officer determines that a timber operation is being conducted, or is about to be conducted, in violation of Chapter 8 (commencing with Section 4511) of Part 2 of Division 4, or of rules and regulations adopted pursuant to those provisions, and that the violation or threatened violation would result in imminent and substantial damage to soil, water, or timber resources or to fish and wildlife habitat. A stop order shall apply only to those acts or omissions that are the proximate cause of the violation or that are reasonably foreseen would be the proximate cause of a violation. The stop order shall be effective immediately and throughout the next day. (c) A supervising forest officer may, after an onsite investigation, extend a stop order issued pursuant to subdivision (b) for up to five days, excluding Saturday and Sunday, if the forest officer finds that the original stop order was issued upon reasonable cause. A stop order shall not be issued or extended for the same act or omission more than one time. (d) Each stop order shall identify the specific act or omission that constitutes a violation or that, if foreseen, would constitute a violation, the specific timber operation that is to be stopped, and any corrective or mitigative actions that may be required. (e) The Department of Forestry and Fire Protection may terminate the stop order if the timber operator enters into a written agreement with the department assuring that the timber operator will resume operations in compliance with Chapter 8 (commencing with Section 4511) of Part 2 of Division 4, and with the rules and regulations adopted pursuant to that chapter, and will correct any violation. The department may require a reasonable cash deposit or bond payable to the department as a condition of compliance with the agreement. (f) Notice of the issuance of a stop order or an extension of a stop order shall be deemed to have been made to all persons working on the timber operation when a copy of the written order is delivered to the person in charge of operations at the time that the order is issued or, if no persons are present at that time, by posting a copy of the order conspicuously on the yarder or log loading equipment at a currently active landing on the timber operations site. If no person is present at the site when the order is issued, the issuing forest officer shall deliver a copy of the order to the timber operator either in person or to the operator’s address of record prior to the commencement of the next working day. (g) As used in this section, “forest officer” means a registered professional forester employed by the Department of Forestry and Fire Protection in a civil service classification of forester I or higher grade. (h) (1) Failure of the timber operator or an employee of the timber operator, after receiving notice pursuant to this section, to comply with a validly issued stop order is a violation of this section and is a misdemeanor punishable by a fine of not less than five hundred dollars ($500), or by imprisonment for not more than one year in the county jail, or both. The person shall also be subject to civil damages to the state not to exceed ten thousand dollars ($10,000) for each misdemeanor violation. However, in all cases, the timber operator, and not an employee of the operator or any other person, shall be charged with that violation. Each day or portion of the day that the violation continues shall constitute a new and separate offense. (2) In determining the penalty for a timber operator guilty of violating a validly issued stop order, the court shall take into consideration all relevant circumstances, including, but not limited to, the following: (A) The extent of harm to soil, water, or timber resources or to fish and wildlife habitat. (B) Corrective action, if any, taken by the defendant. (i) Nothing in this section prevents a timber operator from seeking an alternative writ as prescribed in Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, or as provided by any other provision of law. (j) (1) If a timber operator believes that a forest officer lacked reasonable cause to issue or extend a stop order pursuant to this section, the timber operator may present a claim to the Department of General Services pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code for compensation and damages resulting from the stopping of timber operations. (2) If the Department of General Services finds that the forest officer lacked reasonable cause to issue or extend the stop order, the board shall award a sum of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), per day for each day the order was in effect. (Amended by Stats. 2018, Ch. 349, Sec. 10. (AB 3257) Effective January 1, 2019.)
  154. 5093.69.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    The Resources Agency and the director must conduct Legislature-funded studies, and the director must make recommendations on several river, fisheries, and habitat protection topics.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.69. (a) The Resources Agency shall conduct studies specifically funded by the Legislature relative to the condition of the system and may make recommendations to the Legislature for protection and enhancement of the system. (b) The director shall conduct studies specifically funded by the Legislature and shall make recommendations relating to all of the following: (1) The restoration of salmon and steelhead habitat in the system, including measures that can be taken to increase spawning populations, and provide at least 100 miles of reopened spawning and nursery areas each year until the year 1990. (2) Enforcement requirements necessary to protect the system from fish or wildlife degradation. (3) Development of information or statistical data necessary to provide the most beneficial management of the fisheries included within the system. (4) Legislative action deemed necessary to protect the fishery and wildlife values of the system. (Added by Stats. 1982, Ch. 1481, Sec. 18.)
  155. 5093.70.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    New dams, reservoirs, diversions, and other water impoundment facilities are prohibited on specified stretches of Mill Creek and Deer Creek, and state agencies generally may not help plan or build such facilities, subject to stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.70. (a) The Legislature hereby finds and declares all of the following: (1) Mill Creek and Deer Creek possess extraordinary resources in that they support one of the few remaining viable populations of wild spring-run chinook salmon in the Sacramento-San Joaquin River system. One essential component of the resources provided by these creeks is their exceptional water quality. (2) Based on a review of comprehensive technical data, the Legislature has determined that potential beneficial uses must be balanced to achieve protection of the unique fishery resources and existing water rights of Mill Creek and Deer Creek in the manner specified in this section. In lieu of including Mill Creek and Deer Creek in the system, the continued management of stream resources in their existing natural condition consistent with the terms of this section represents the best way to protect the unique fishery of Mill Creek and Deer Creek. Maintaining the existing free flowing conditions of Mill Creek and Deer Creek to protect their fisheries is the highest and most beneficial use of the unappropriated waters of Mill Creek and Deer Creek within the segments designated in subdivisions (b) and (c), and is a reasonable use of water within the meaning of Section 2 of Article X of the California Constitution. (b) No new dam, reservoir, diversion, or other water impoundment facility shall be constructed on Mill Creek from the headwaters of East Sulphur Creek within Section 15 T30N R4E to the United States Geological Survey gauging station in the northeast quarter of the northwest quarter of Section 6 T25N, R1W. (c) No new dam, reservoir, diversion, or other water impoundment facility shall be constructed on Deer Creek from the headwaters in Section 11 T27N R5E to the United States Geological Survey gauging station in the northwest quarter of the northeast quarter of Section 23 T25N, R1W. (d) Except for the maintenance of existing flood control facilities and projects by public agencies or private landowners or emergency flood control activities or repairs required due to acts of God, provided that those activities or projects do not interfere with the passage of migrating anadromous fish, no state agency shall assist or cooperate with, whether by loan, grant, license, or otherwise, any agency of the federal, state, or local government in the planning or construction of any dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing conditions of Mill Creek and Deer Creek, or on their wild runs of spring-run chinook salmon. (e) All state agencies exercising powers under any other provision of law with respect to the protection and restoration of fishery resources shall continue to exercise those powers in a manner that protects and enhances the fishery of the segments designated in subdivisions (b) and (c). In carrying out this subdivision, any exercise of powers shall be consistent with Section 5093.58. (f) Nothing in this section shall prejudice, alter, affect in any way, delay, or interfere with the implementation or construction of any fishery restoration or improvement project that is authorized, required, or recommended pursuant to the Central Valley Improvement Act (Public Law 102-575) or the Upper Sacramento River Fisheries and Riparian Habitat Management Plan developed pursuant to Chapter 885 of the Statutes of 1986, or of any other fishery restoration or improvement project. (g) Nothing in this chapter shall prejudice, alter, affect in any way, delay, or interfere with existing water rights; implementation of those rights; historic water use practices; and replacement, maintenance, repair, or operation of diversions and diversion facilities; or changes in the purposes of use, places of use, points of diversion, or ownership of existing water rights, except that no change shall operate to increase the adverse effect, if any, of the preexisting diversion facility or place or purpose of use upon the free flowing and natural character of the stream. (Added by Stats. 1995, Ch. 183, Sec. 4. Effective January 1, 1996.)
  156. 5093.71.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. )

    Verify source ↗

    If federal action removes, delists, or exempts a California river from federal wild and scenic protections, the secretary must hold a public hearing and decide whether to add the river to the state system and classify it.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.4. California Wild and Scenic Rivers Act [5093.50 - 5093.71] ( Chapter 1.4 added by Stats. 1972, Ch. 1259. ) ## 5093.71. (a) Notwithstanding Sections 5093.546 and 5093.547, if (1) the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or (2) the secretary determines that the federal government by enactment of a statute or by executive order has exempted a river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system from the provisions of subdivision (a) of Section 1278 of Title 16 of the United States Code governing restrictions on water resources projects, as that section read on January 1, 2018, that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, the secretary shall take both of the following actions: (1) Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system. (2) (A) Based on the information obtained through the public hearing, determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational. A river added to the state wild and scenic rivers system under this paragraph shall be considered to be a component of the system as if designated pursuant to Section 5093.54 and classified pursuant to Section 5093.545. (B) If the secretary makes a determination to add a river or segment of a river to the state wild and scenic rivers system under this paragraph, the secretary shall take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system, and to classify the river or segment of the river to be added as wild, scenic, or recreational. (C) Any action taken by the secretary under this section to designate a river or segment of a river as wild, scenic, or recreational under the state wild and scenic rivers system pursuant to this paragraph shall not exceed the geographic length of any federal designation specifying the size or boundaries of a river or segment of a river included in the national wild and scenic rivers system, as prescribed by the federal government. (D) Notwithstanding any other provision in this chapter, an action taken by the secretary under this paragraph to add and classify an addition to the state wild and scenic rivers system shall not do any of the following: (i) Provide protective provisions that exceed the scope of the prior federal designation as wild, scenic, or recreational of that river or segment of the river. (ii) Conflict with any provisions of the prior federal designation of that river or segment of the river as wild, scenic, or recreational. (iii) Conflict with a Comprehensive River Management Plan prepared for that river or segment of the river. (b) Any action taken under this section to add and designate a river or segment of the river as wild, scenic, or recreational under the state wild and scenic rivers system shall take effect immediately upon the date of that designation, and shall remain in effect until the effective date of a statute enacted to remove or modify a river or segment of a river that was added to the state wild and scenic rivers system as described in subdivision (c). (c) The Legislature may enact a statute to remove, modify, or reclassify a designation of a river or segment of a river added to the state wild and scenic rivers system by the action of the secretary pursuant to this section. (d) Nothing in this section shall be construed to provide any protections beyond the scope of those provided in the national wild and scenic rivers system that applied to that river or segment of the river before the river or segment of the river was removed, delisted, or exempted from the national wild and scenic rivers system. (Amended by Stats. 2025, Ch. 431, Sec. 1. (AB 43) Effective January 1, 2026.)
  157. 5094.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. )

    Verify source ↗

    State and local public agencies may work with the federal government on recreation and fish and wildlife enhancement facilities at federal water projects, and the state may participate when certain conditions are met.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. ) ## 5094. It is hereby declared to be in the public interest for the state and local public agencies to participate with the federal government with respect to recreation and fish and wildlife enhancement facilities at federal water projects to the extent that such facilities are deemed necessary and desirable by the state or local public agency participating. The state may participate in any such project to the extent that it is of statewide importance and that local public agencies are unwilling or unable to do so and to the extent the Legislature appropriates funds necessary therefor. The state and local agencies may cooperate and jointly participate in a project where the interests of both will be advantageously served. (Added by Stats. 1966, 1st Ex. Sess., Ch. 143.)
  158. 5094.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. )

    Verify source ↗

    The Secretary of the Resources Agency may, with required approvals, state the state’s intent to administer certain federal water project lands and waters for recreation or fish and wildlife purposes, and must first submit the proposal to the Legislature and confirm state plan compliance.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. ) ## 5094.1. The Secretary of the Resources Agency, with the approval of the Director of Finance and upon specific authorization by the Legislature, may indicate in writing the state’s intent to agree to administer any federal multiple-purpose water project land and water areas for recreation or fish and wildlife enhancement, or both of these purposes, as provided in Public Law 89-72. The secretary, as to each proposed state participation, shall submit any proposed indication of intent, together with supporting material, to the Legislature. The secretary, before requesting legislative authorization, shall determine that the proposed state participation in the project is in compliance with all comprehensive water, recreation, and fish and wildlife plans of the state. Notwithstanding the provisions of this section, the Department of Fish and Game may review and coordinate the development of fish and wildlife enhancement features at federal water projects with fish and wildlife plans of the state, irrespective of whether the state agrees to administer the project. (Amended by Stats. 1978, Ch. 380.)
  159. 5094.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. )

    Verify source ↗

    For projects with a letter of intent, the Resources Agency and related departments must study the project and prepare proposed state participation plans, which may be sent to affected local public agencies for review on request.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. ) ## 5094.2. With respect to each project as to which a letter of intent has been given, the Resources Agency through the Department of Parks and Recreation and the Department of Fish and Game, in cooperation with affected local public agencies, shall conduct an investigation and study of the project with respect to the areas of interest of each and prepare plans of the proposed state participation therein. The plans shall be submitted, upon request, to each affected local public agency for its review and comments thereon. The comments shall be transmitted to the agency by the affected local public agency within such period as determined by the administrator, which period shall be not less than 30 days nor more than 60 days from the date of submission to the local public agency. (Amended by Stats. 2001, Ch. 745, Sec. 172. Effective October 12, 2001.)
  160. 5094.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. )

    Verify source ↗

    With legislative authorization, the Department of Parks and Recreation and the Department of Fish and Game may work with the federal government on recreation and fish and wildlife enhancement at federal water projects, and may also contract, manage costs, accept transfers, and arrange repayment terms.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. ) ## 5094.3. Upon specific authorization of state participation by the Legislature: (a) The Department of Parks and Recreation and the Department of Fish and Game may cooperate and participate with the federal government pursuant to Public Law 89-72 in the development of recreation and fish and wildlife enhancement at federal water projects. Where both the recreation and fish and wildlife enhancement functions are involved in a project the department having the principal interest as designated by the Administrator of the Resources Agency shall be the contracting agency with the federal government. In such case the contract shall be subject to approval of the other department. (b) The departments may (1) administer unit land and water areas for recreation or fish and wildlife enhancement, or both, (2) contract with the federal government for the operation, maintenance, and replacement of unit facilities, (3) assume all costs of such operation, maintenance, and replacement, and (4) accept transfer of unit lands or facilities by lease or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation or fish and wildlife enhancement purposes, or both. (c) The departments may enter into a contract or contracts with the federal government to pay or repay one-half of the separable capital costs involved in the development of the recreation or fish and wildlife enhancement features, or both, at the project pursuant to the provisions of Public Law 89-72, consistent with the reports provided for in Section 5094.2. The agreement for the payment or repayment of the separable capital costs shall be limited to those recreation or fish and wildlife enhancement facilities, or both, specified in the contract. Such payments or repayments may be made by any or all of the following methods: by legislative appropriation; by provision of lands, interests therein, or facilities for the project; or by a contract or contracts for repayment, with interest, within 50 years of first use of project recreation or fish and wildlife enhancement facilities specified in the contract or contracts. The source of repayment may be limited to entrance and user fees or charges collected at the project by the contracting department if such fees or charges dedicated to repayment are established on a basis calculated to achieve repayment and are made subject to review and renegotiation at intervals of not more than five years. If the source of repayment is so limited, revenues derived from such fees or charges shall be deposited in a special account in the Special Deposit Fund in the State Treasury and used for the purpose of such repayment. If not so limited, the source of repayment shall be such appropriations of funds as may from time to time be made for such purpose by the Legislature. (Amended by Stats. 1967, Ch. 798.)
  161. 5094.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. )

    Verify source ↗

    This chapter does not apply to specified federal cooperation and participation projects for recreation or fish and wildlife enhancement facilities at named dam and reservoir sites and nearby stream areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. ) ## 5094.4. This chapter shall not apply to the cooperation and participation with the federal government pursuant to Public Law 89-161 in the development of recreation facilities or fish and wildlife enhancement facilities, or both, at Auburn Dam and Reservoir, Folsom Dam and Reservoir, Nimbus Dam and Lake Natomas, and County Line Dam and Reservoir, and stream areas in the immediate vicinity of these facilities. (Added by Stats. 1966, 1st Ex. Sess., Ch. 143.)
  162. 5094.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. )

    Verify source ↗

    This chapter is named the Porter-Cobey Federal Water Project Recreation 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 1.5. Federal Water Project Recreation Act [5094 - 5094.5] ( Chapter 1.5 added by Stats. 1966, 1st Ex. Sess., Ch. 143. ) ## 5094.5. This chapter shall be known and may be cited as the Porter-Cobey Federal Water Project Recreation Act. (Added by Stats. 1966, 1st Ex. Sess., Ch. 143.)
  163. 5095.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    This section names the chapter the State Urban Parks and Healthy Communities Act and allows it to 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 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095. This chapter shall be known, and may be cited, as the State Urban Parks and Healthy Communities Act. (Added by Stats. 2001, Ch. 877, Sec. 3. Effective January 1, 2002.)
  164. 5095.1.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    The Legislature declares findings about how parks, recreation, and community programs support healthy communities and access to education and outdoor experiences.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095.1. The Legislature finds and declares all of the following: (a) Parks and recreation provide opportunities for building strong communities and promote ethnic and cultural harmony. (b) The state parks system and the network of community and regional parks, along with park professionals, are in a unique position to promote educational, recreational, and community services that foster partnerships with schools, nonprofit organizations, and other government organizations that serve as a foundation for the healthy development of our communities. (c) California’s population is growing increasingly diverse and it is incumbent upon state and local governments, working with local education entities, to develop and integrate programs and educational curriculum that take full advantage of the state’s natural environs. (d) Today, many of our communities are in distress and face increasingly complex problems of poverty, race relations, environmental concerns, crime, and inadequate education facilities. These problems are exacerbated by the lack of communication, collaboration, and services in our inner cities. More and more local agencies, along with nonprofit community-based organizations, are called upon to provide recreation, after school programs, and community services to meet these growing problems. (e) Most state, community, and regional parks play a role in educating the public about our cultural diversity, historical roots, biological networks, and ecological systems. To do this effectively, these entities need to identify and integrate themes within our state and local parks systems that are relevant to urban communities and, to the extent possible, work with local education agencies to better define those themes and provide increased opportunities for children to access California’s park network as a “living classroom.” (f) There are numerous examples across the state where collaborative efforts on behalf of state, community, and regional parks working in conjunction with community-based organizations and local education entities have developed programs, providing children with exemplary outdoor educational experiences. (g) Often, inner city and minority youth populations lack access to recreational opportunities. (h) Recreational and athletic activities have served to break down color barriers in various communities and allowed individuals such as Tiger Woods and Venus Williams to blaze new cultural and societal trails, serving as positive role models for urbanized youth throughout the nation. (i) In addition, many urban areas throughout the state lack the financial means or availability of property to acquire and develop parks and recreation areas and facilities, particularly in the neighborhoods that are currently least served in this area. (j) To promote a greater sense of responsibility toward new parks and recreation areas and facilities, it is vital to encourage community participation in the development of new parks and recreation areas and facilities, which will help keep them clean and safe and enhance community pride and sustain neighborhood vitality. (k) Recreation, team sports, and games build self-esteem, confidence, social harmony, independent thinking, self-discipline, sportsmanship, and health and help to develop skills in conflict resolution. (Added by Stats. 2001, Ch. 877, Sec. 3. Effective January 1, 2002.)
  165. 5095.2.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095.2. As used in this chapter, the following terms have the following meanings: (a) “Active recreational purpose” means an activity that requires athletic fields, courts, gymnasiums, or other recreational venues for youth soccer, baseball, football, basketball, tennis, or swimming, or any activity the department identifies as meeting this definition. (b) “Department” means the Department of Parks and Recreation. (c) “Director” means the Director of Parks and Recreation. (d) “Facility” includes a place for organized team sports, outdoor recreation, permanent play structures, and multipurpose structures designed to meet the special recreational, educational, vocational, and social needs of youth. “Facility” also includes the acquisition of properties or development of venues for the furtherance of the purposes of Section 5095.4 where existing state conservancies or state, community, or regional parks are not readily accessible. (e) “Fund” means the State Urban Parks and Healthy Communities Fund. (f) “Nonurbanized local agency” means any city, county, or district that qualifies as a nonurbanized area as defined in subdivision (e) of Section 5621 and that is eligible for grant funding pursuant to Chapter 3.2 (commencing with Section 5620). (g) “Special district” means a regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3, or a recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780). (h) “State agency” includes the Department of Parks and Recreation and the state conservancies in existence on the effective date of the act adding this section during the 2001 portion of the 2001–02 Regular Session. (i) “Urbanized or heavily urbanized local agencies” include cities, counties, or a city and county, or special districts as determined by the Department of Finance according to the latest verifiable census data pursuant to subdivisions (c) and (d) of Section 5621. (Amended by Stats. 2002, Ch. 664, Sec. 181. Effective January 1, 2003.)
  166. 5095.3.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    The department must use money from the State Urban Parks and Healthy Communities Fund to make grants, but only when the Legislature has appropriated the money.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095.3. There is hereby created, in the State Treasury, the State Urban Parks and Healthy Communities Fund. The department shall expend moneys from this fund, upon appropriation by the Legislature, to provide grants to state agencies, including state conservancies in existence on January 1, 2002, urbanized or heavily urbanized local agencies, and community-based organizations, in accordance with Sections 5095.4 and 5095.5. Funds necessary to administer this chapter shall be appropriated in the annual Budget Act. (Amended by Stats. 2002, Ch. 975, Sec. 2. Effective January 1, 2003.)
  167. 5095.4.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    The director must create a competitive grant program for certain parks and community groups, and applicants must provide a 25% matching contribution unless waived for hardship.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095.4. (a) The director, in consultation with the State Department of Education, shall develop a competitive grant program to assist state parks, state conservancies in existence as of January 1, 2003, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions, working in collaboration, to provide outdoor educational opportunities to children. (1) Applicant entities shall provide a 25-percent matching contribution in community resources. The matching contributions may be in the form of money, including funds from other state or local assistance programs, gifts of real property, equipment, and consumable supplies, volunteer services, free or reduced-cost use of land, facilities, or equipment, and bequests and income from wills, estates, and trusts. The department may establish findings for hardships to waive the matching requirement when an applicant cannot meet the requirement. (2) The department may give additional consideration to applicant entities collaborating with other entities, including, but not limited to, school districts, faith-based groups and others providing outreach programs to identify and attract urbanized youth most in need of organized, constructive recreational activities. (b) The department shall make one-third of any funds appropriated for the purposes of this chapter available to give special priority to providing increased access for elementary schoolage children in grades 2 to 8, inclusive, to conservancy or state, community, and regional park properties and, in addition, shall give priority, in awarding a grant pursuant to this section, to all of the following: (1) Programs that use curriculum tied to the science content standards and science framework adopted by the State Board of Education. (2) Applicants that serve children with family incomes below the statewide average, based on the most recent figures computed and established by the Department of Finance. (3) Applicants that provide access to children who are underserved or lack access to parks or other outdoor venues suitable to conduct appropriate environmental education instruction. (4) Applicants that have developed working collaboratives to develop environmental education partnerships. (5) Applicants working in collaboration with local educational agencies to identify those children lacking adequate opportunities to access outdoor environmental education curriculum or innovative or alternative recreation programming. (c) The amount of a grant awarded pursuant to this section may not be less than twenty thousand dollars ($20,000) or more than two hundred thousand dollars ($200,000). A grant may be expended for any of the following purposes: (1) Staffing that is directly associated with the programming. (2) Staff training or development directly associated with the programming. (3) Costs associated with transporting youth between a community or school and the proposed environmental education venue. (4) Medical insurance for the participants, only if the insurance is a requirement pursuant to the activity. (5) Operational costs, such as the rental equipment, food, and supplies. (6) Applicants that can demonstrate that the administrative costs associated with this activity will not exceed more than 7.5 percent of the amount of the grant. (d) The department may gather information from the applicants as to the effectiveness of these programs in meeting program objectives. The department shall summarize this information and report to the appropriate budget and fiscal committees of both houses of the Legislature as to the number of children served, the educational objectives met, and the level of demand. (e) Applicant agencies may enter into contracts with other public agencies or entities to provide unique interpretive skills or to present authentic, curriculum-based programs in units of conservancy properties or state, community, or regional park systems for services not otherwise provided. The purpose of this subdivision is to authorize the applicants to provide programming services, equipment, and materials that assist in the curriculum program or provide educational activities that assist in the presentation of cultural traditions. (Amended by Stats. 2002, Ch. 975, Sec. 3. Effective January 1, 2003.)
  168. 5095.5.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    The department must allocate most chapter funds to grants for eligible local agencies and community-based organizations, adopt and implement guidelines, and oversee grant conditions for park acquisition, development, use, transfer, and reimbursement.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095.5. (a) The department shall allocate two-thirds of any funds appropriated for the purposes of this chapter to provide grants to urbanized or heavily urbanized local agencies or community-based organizations within these jurisdictions for the acquisition and development of properties for active recreational purposes, as defined. Eligible projects shall meet all of the following criteria: (1) The amount of the grant applied for, together with any matching contribution, shall meet all of the cost of acquiring and developing the project, and when construction of the project is completed, the new urban park or facility shall have a management plan and demonstrate to the satisfaction of the department that the applicant agencies have sufficient means to ensure that the park or facility shall remain open and accessible to the public. (2) The application includes a commitment for a matching contribution. The matching contributions may be in the form of money, including funds from other state or local assistance programs, gifts of real property, equipment, and consumable supplies, volunteer services, free or reduced-cost use of land, facilities, or equipment, and bequests and income from wills, estates, and trusts. The department may establish findings for hardships to waive the matching requirement when an applicant cannot meet the requirement. (3) To the extent practicable, the project is a joint-use project between two or more agencies that share responsibility for ownership, development, or maintenance, or both, of the project. (b) The department shall adopt guidelines to amplify or clarify the criteria specified in Section 5095.4 or this section, and may adopt additional criteria, to supplement those criteria. (c) The department may develop a procedural guide for the administration of this chapter and the guidance of applicants. (d) The department shall solicit written comments and hold public hearings at convenient locations throughout the state on any regulations, guidelines, or the procedural guide proposed to be adopted or developed pursuant to this section. (e) The department shall adopt guidelines to implement this chapter. (f) Any regulation, guideline, or procedural guide adopted or developed pursuant to this chapter is not subject to the review or approval of the Office of Administrative Law or to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) A grant received pursuant to this section may be expended to acquire the fee title or other interest in real property. If an application proposes to acquire less than fee title, the applicant shall demonstrate in the application, to the satisfaction of the department, that the proposed project will provide public benefits that are commensurate with the type and duration of the interest in real property to be acquired. (h) With the consent of an urbanized or heavily urbanized local agency, any eligible nonprofit organization that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code may apply for a grant on behalf of an entity for the purposes of either Section 5095.4 or this section. The application shall include a copy of any contract between the local agency and the nonprofit organization and the resolution or other authorization of consent. The contract shall specify arrangements for the long-term management and operation of the urban park or recreation area commensurate with the amount of the grant, as determined by the department. (i) Every applicant for a grant pursuant to this section and the entity that will operate and maintain the property, if that entity is different than the applicant, shall agree to comply with all of the following requirements: (1) To operate and maintain the property developed pursuant to this chapter so that it is usable by residents of the affected area. With the approval of the department, the grant recipient, or its successor in interest in the property, may transfer its property interest and the responsibility to operate and maintain the property, in accordance with the terms of the grant and any applicable law, to a public agency or nonprofit organization that is able to operate and maintain the property in perpetuity. Any attempt to make a transfer in violation of this subdivision is void. (2) To use the property only for the purposes for which the grant was made and to make no other use or sale or other disposition of the property, except as authorized by statute. If the use of the property is changed to a use that is not permitted by the terms of the grant, or if the property is sold or otherwise disposed of, the grant recipient shall reimburse the department an amount equal to the amount of the grant, the fair market value of the land and any improvements constructed with the grant, or the proceeds from the sale or other disposition, whichever amount is greater. If the property that is sold or otherwise disposed of is less than the entire interest in the property funded with the grant, the grant recipient shall reimburse the department an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever amount is greater. (3) In lieu of seeking reimbursement pursuant to paragraph (2), the department may impose restrictions on the use of public park property identical to the requirements for the preservation of public parks set forth in the Public Park Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400)) with respect to any property used, sold, or otherwise disposed of in a manner not permitted by the terms of the grant. (j) The recipient of a grant pursuant to this chapter may use the grant funds to pay for any portion of the cost of cleaning up, removing, or remediating any toxic materials or hazardous substances, if the amount used for cleanup, removal, or remediation does not exceed 20 percent of the grant allocated to the project. (k) The amount allocated pursuant to this chapter shall be roughly divided 60 percent to the southern portion of the state (south of the Tehachapi Mountains) and 40 percent to the northern portion. (l) Recognizing that some rural areas of the state have significant deficiencies of park facilities for active recreational purposes, the department shall consider allocating two hundred fifty thousand dollars ($250,000) pursuant to this section to nonurbanized local agencies. In awarding these grants, the department shall apply the same guidelines as those established for awarding a grant to a nonurbanized area pursuant to subdivision (e) of Section 5621. (m) After all grants authorized under this chapter have been awarded, the department shall report to the Budget Committee of the Assembly and the Budget and Fiscal Review Committee of the Senate on the number of grant applications received, the total amount of funds sought by applicants, and the number of eligible applications that were not funded. (n) Nothing in this section is intended to prohibit community-based organizations from acting in partnership with organizations that do not have tax-exempt status as a nonprofit organization under Section 501(c)(3) of the federal Internal Revenue Code. (Amended by Stats. 2002, Ch. 975, Sec. 4. Effective January 1, 2003.)
  169. 5095.50.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. )

    Verify source ↗

    This section defines “Central Valley” and “Plan” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. ) ## 5095.50. For purposes of this chapter, the following definitions apply: (a) “Central Valley” means the geographic region extending from approximately the City of Redding in the north to the Tehachapi Mountains in the south, and from the valley floor up to 2,000 feet elevation along the coastal range in the west and the Sierra Nevada range in the east. (b) “Plan” means the detailed plan of implementation developed by the department for its Central Valley Vision. (Added by Stats. 2007, Ch. 546, Sec. 2. Effective January 1, 2008.)
  170. 5095.51.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. )

    Verify source ↗

    The department must develop a detailed implementation plan for its Central Valley Vision.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. ) ## 5095.51. The department shall develop a detailed plan of implementation for its Central Valley Vision. The plan shall identify and prioritize specific sites and projects for acquisition and development in the Cental Valley, based on the following objectives: (a) Expansion of resource protection and access to recreational opportunities at existing state parks and other public lands. (b) Acquisition of lands with important natural, cultural, and recreational values, focusing on lands that link state parks with other public lands, particularly along water corridors. (c) Preservation and interpretation of historical and cultural resources. (d) Expansion of interpretive and recreational programs and opportunities in state park units. (Added by Stats. 2007, Ch. 546, Sec. 2. Effective January 1, 2008.)
  171. 5095.52.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. )

    Verify source ↗

    The plan must, to the extent feasible, identify priorities for park acquisition and development and expand recreational, educational, and interpretive opportunities.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. ) ## 5095.52. To the extent feasible, the plan shall do all of the following: (a) Identify specific opportunities and priorities for acquisition and development of new and existing parks and recreational opportunities, with priority given to the following: (1) Areas with significant or threatened natural resource values, as blue oak and sycamore woodlands, riparian and wetland areas, and native grasslands. (2) Areas along river corridors and other water bodies, and in the Sacramento/San Joaquin Delta. (3) Areas that can be linked with other state park units or public lands, providing natural corridors and linkages for wildlife and trails. (4) Areas with unique California cultural and historical values. (5) Areas with the capacity to support recreational activities for which there is a demonstrated unmet public interest and demand. (b) Expand opportunities and facilities for multiple and diverse recreational activities, based on identified public interest and demand. (c) Expand educational and interpretive services and facilities, focusing on the unique cultural and historical resources of the Central Valley. (Added by Stats. 2007, Ch. 546, Sec. 2. Effective January 1, 2008.)
  172. 5095.53.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. )

    Verify source ↗

    The plan must include a specific timeline for implementation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. ) ## 5095.53. The plan shall include a specific timeline for implementation. (Amended by Stats. 2012, Ch. 728, Sec. 140. (SB 71) Effective January 1, 2013.)
  173. 5095.54.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. )

    Verify source ↗

    This chapter is to be implemented only when funds are appropriated from the specified section or another source.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.57. Central Valley Vision [5095.50 - 5095.54] ( Chapter 1.57 added by Stats. 2007, Ch. 546, Sec. 2. ) ## 5095.54. This chapter shall be implemented to the extent that funds are appropriated pursuant to subdivision (a) of Section 75063 or any other source. (Added by Stats. 2007, Ch. 546, Sec. 2. Effective January 1, 2008.)
  174. 5095.6.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. )

    Verify source ↗

    This chapter starts only if enough funds are appropriated to the department, and later appropriations must be used on a timetable. Grants under the chapter after January 1, 2003 are only allowed if a future annual Budget Act appropriation is made.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.55. State Urban Parks and Healthy Communities Act [5095 - 5095.6] ( Chapter 1.55 added by Stats. 2001, Ch. 877, Sec. 3. ) ## 5095.6. (a) This chapter shall be implemented only upon appropriation of sufficient funds to the department for that purpose. (b) Notwithstanding any other provision, all funds that are appropriated to the department pursuant to this chapter shall be encumbered within three years of the date of that appropriation and expended within eight years of the date of that appropriation. (c) Any grants to state or local agencies or nonprofit organizations or community groups pursuant to this chapter, on or after January 1, 2003, shall be contingent upon a future appropriation in the annual Budget Act. (Added by Stats. 2002, Ch. 975, Sec. 5. Effective January 1, 2003.)
  175. 5096.111.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    This chapter is named the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976, and it 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 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.111. This chapter shall be known and may be cited as the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  176. 5096.112.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    The section states California’s policy goals for recreational opportunities, coastal resource protection, and the acquisition, development, and restoration of recreation and preservation areas.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.112. The Legislature hereby finds and declares that: (a) It is the responsibility of this state to provide and to encourage the provision of recreational opportunities for the citizens of California. (b) It is the policy of the state to preserve, protect, and, where possible, to restore coastal resources which are of significant recreational or environmental importance for the enjoyment of present and future generations of persons of all income levels, all ages, and all social groups. (c) When there is proper planning and development, parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects contribute not only to a healthy physical and moral environment, but also contribute to the economic betterment of the state, and, therefore, it is in the public interest for the state to acquire, develop, and restore areas for recreation, conservation, and preservation and to aid local governments of the state in acquiring, developing, and restoring such areas as will contribute to the realization of the policy declared in this chapter. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  177. 5096.113.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    The Legislature states that California needs more parks, beaches, recreation areas, coastal access, and preservation funding, and says cities, counties, and districts must protect existing recreation resources.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.113. The Legislature further finds and declares that: (a) The demand for parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects in California is far greater than what is presently available, with the number of people who cannot be accommodated at the area of their choice or any comparable area increasing rapidly. (b) The demand for parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects in the urban areas of our state are even greater: over 90 percent of the present population of California reside in urban areas; there continues to be approximately a 30 percent deficiency in open space and recreation areas in the metropolitan areas of the state; less urban land is available, costs are escalating, and competition for land is increasing. (c) There is a high concentration of urban social problems in California’s major metropolitan areas which can be partially alleviated by increased recreational opportunities. (d) California’s coast provides a great variety of recreational opportunities not found at inland sites; it is heavily used because the state’s major urban areas lie, and 85 percent of the state’s population lives, within 30 miles of the Pacific Ocean; a shortage of facilities for almost every popular coastal recreation activity exists; and there will be a continuing high demand for popular coastal activities such as fishing, swimming, sightseeing, general beach use, camping, and day use. Funding for the acquisition of a number of key coastal sites is critical at this time, particularly in metropolitan areas where both the demand for and the deficiency of recreational facilities is greatest. Current development pressures in urbanized areas threaten to preclude public acquisition of these key remaining undeveloped coastal parcels unless these sites are acquired in the near future. (e) Increasing and often conflicting pressures on limited coastal land and water areas, escalating costs for coastal land, and growing coastal recreational demand requires, as soon as possible, funding for, and the acquisition of, land and water areas needed to meet demands for coastal recreational opportunities and to implement recommendations for acquisitions of the Coastal Plan prepared and adopted in accordance with the requirements of the California Coastal Zone Conservation Act of 1972. (f) By 1980, the need for local parks, beaches, and recreation areas and recreational facilities will be nearly twice as great as presently required. (g) By 1980, unless the lands and waters that hold recreation potential today are acquired or reserved for recreation as soon as possible, there will be a marked shortage of recreation lands and waters on a local and regional basis. (h) Cities, counties, and districts must exercise constant vigilance to see that the parks, beaches, recreation lands and recreational facilities, and historical resources they now have are not lost to other uses; they should acquire additional lands as such lands become available; they should take steps to improve the facilities they now have. (i) Past and current funding programs have not and cannot meet present deficiencies. (j) There is a pressing need to provide statutory authority and funding for a coordinated state program designed to provide expanded public access to the coast, to preserve prime coastal agricultural lands, and to restore and enhance natural and man-made coastal environments. (k) In view of the foregoing, the Legislature declares that an aggressive, coordinated, funded program for meeting existing and projected recreational demands must be implemented without delay. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  178. 5096.114.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    Up to $280 million in bonds may be issued and sold to fund the act’s purposes and reimburse the state bond expense revolving fund.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.114. Bonds in the total amount of two hundred eighty million dollars ($280,000,000), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed hereinafter, and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. Said bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California are hereby pledged for the punctual payment of both principal and interest on said bonds as said principal and interest become due and payable. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  179. 5096.115.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    Officers responsible for collecting the revenue must do whatever is necessary to collect the extra annual sum needed to pay bond principal and interest.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.115. There shall be collected each year and in the same manner and at the same time as other state revenue is collected such sum in addition to the ordinary revenues of the state as shall be required to pay the principal and interest on said bonds maturing in said year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue to do and perform each and every act which shall be necessary to collect such additional sum. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  180. 5096.116.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    The General Fund is appropriated for this act, including amounts needed to pay bond principal and interest and to carry out Section 5096.117.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.116. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this act, such an amount as will equal the following: (a) Such sum annually as will be necessary to pay the principal and interest on bonds issued and sold pursuant to the provisions of this chapter, as said principal and interest become due and payable. (b) Such sum as is necessary to carry out the provisions of Section 5096.117, which sum is appropriated without regard to fiscal years. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  181. 5096.117.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund, by executive order, up to the amount of unsold bonds needed for this chapter.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.117. For the purposes of carrying out the provisions of this chapter the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the State, Urban, and Coastal Park Fund or the State Coastal Conservancy, which depositories are hereby created. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out the provisions of this chapter. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  182. 5096.1175.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and earnings, and may use those funds for federal rebate, penalty, or other required payments, or take other federal-law-compliance actions to preserve tax-exempt status.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.1175. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 21.)
  183. 5096.118.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    Bond proceeds must be deposited into specified funds, and the money in those depositories may be spent only for chapter purposes and only with legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.118. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State, Urban, and Coastal Park Fund or the State Coastal Conservancy. The money in such depositories may be expended only for the purposes specified in this chapter and only pursuant to appropriation by the Legislature in the manner hereinafter prescribed. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  184. 5096.119.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    Certain bond-related appropriations must be placed in specified sections of the annual Budget Bill, with separate items for each project, and bond funds cannot be spent on appropriations outside those sections.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.119. All proposed appropriations for the program specified in Section 5096.124 shall be included in a section in the Budget Bill for each fiscal year for consideration by the Legislature, and shall bear the caption “Nejedly-Hart State, Urban, and Coastal Park Bond Act Program.” The section shall contain separate items for each project for which an appropriation is made. All proposed appropriations for purposes specified in Section 5096.125 shall be included in a section of the Budget Bill for each fiscal year for consideration by the Legislature, and shall bear the caption “State Coastal Conservancy.” The section shall contain separate items for each project for which an appropriation is made. Such appropriations shall be subject to all limitations contained in the Budget Bill and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from such laws by a statute enacted by the Legislature. Such sections shall contain proposed appropriations only for the programs contemplated by this chapter, and no funds derived from the bonds authorized by this chapter may be expended pursuant to an appropriation not contained in such sections of the Budget Act. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  185. 5096.120.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Bonds authorized by this chapter must be prepared, issued, paid, and redeemed according to the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.120. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3, Division 4, Title 2 of the Government Code) and all of the provisions of that law are applicable to the bonds and to this chapter, and are hereby incorporated in this chapter as though set forth in full herein. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  186. 5096.121.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    This section creates the State Park and Recreation Finance Committee and names its members. It also designates the Secretary of the Resources Agency as “the board” for this chapter and the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.121. The State Park and Recreation Finance Committee is hereby created. The committee consists of the Governor, the State Controller, the Director of Finance, the State Treasurer, and the Secretary of the Resources Agency. For the purposes of this chapter the State Park and Recreation Finance Committee shall be “the committee” as that term is used in the State General Obligation Bond Law. The Secretary of the Resources Agency is hereby designated as “the board” for the purposes of this chapter and for the purposes of the State General Obligation Bond Law. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  187. 5096.122.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Money in the specified park-related funds that comes from bond premium and accrued interest must be kept in approved depositories and can be transferred to the General Fund to credit bond interest expenditures.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.122. All money deposited in the State, Urban, and Coastal Park Fund or the State Coastal Conservancy which is derived from premium and accrued interest on bonds sold shall be reserved in such depositories and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  188. 5096.123.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    This section defines key terms used in the chapter and in the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.123. As used in this chapter and for the purposes of this chapter as used in the State General Obligation Bond Law, the following words shall have the following meanings: (a) “State grant” or “state grant moneys” means moneys received by the state from the sale of bonds authorized by this chapter which are available for grants to counties, cities, and districts for acquisition, development, or restoration of real property for park, beach, recreational, and historical resources preservation purposes. (b) “District” means any district authorized to provide park and recreation services, except a school district. (c) “Historical resource” includes, but is not limited to, any building, structure, site, area, or place 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. (d) “Historical resources preservation project” is a project designed to preserve an historical resource which is either listed in the National Register of Historic Places or is registered as either a state historical landmark or point of historical interest pursuant to Section 5021. (e) “Coastal recreational resources” means those land and water areas adjacent to or in close proximity to the Pacific Ocean which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  189. 5096.124.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    This section makes money in the State, Urban, and Coastal Park Fund available for specific park, coastal, wildlife, and water-facility purposes, and requires a 25-year minimum lease for development grants.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.124. Except as otherwise provided in this section or elsewhere in this chapter, all money deposited in the State, Urban, and Coastal Park Fund shall be available for appropriation as set forth in Section 5096.119 for the purposes set forth below in amounts not to exceed the following: (a) For grants to counties, cities, and districts for the acquisition, development, or restoration of real property for park, beach, recreational, and historical resources preservation purposes, including state administrative costs ........................ $85,000,000 (b) For acquisition, development, or restoration of real property for the state park system in accordance with the following schedule ........................ $34,000,0000 Schedule: (1) Thirteen million dollars ($13,000,000) for acquisition and costs for planning and interpretation. (2) Twenty-one million dollars ($21,000,000) for development of real property, historical resources, and costs for planning and interpretation. (c) For acquisition of coastal recreational resources, consisting of real property for the state park system and costs of planning and interpretation ........................ $110,000,000 (d) For the acquisition or development of real property for wildlife management in accordance with the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and Game Code), including costs for planning and interpretation in accordance with the following schedule ........................ $15,000,000 Schedule: (1) Ten million dollars ($10,000,000) for coastal projects. (2) Five million dollars ($5,000,000) for all projects, including coastal projects. (e) For recreational facilities of the State Water Facilities, as defined in paragraphs (1) to (4), inclusive, of subdivision (d) of Section 12934 of the Water Code, for allocation in accordance with the following schedule ........................ $26,000,000 Schedule: (1) Fifteen million dollars ($15,000,000) to the Department of Parks and Recreation, of which up to six million dollars ($6,000,000) may be used for recreational facilities at Lake Elsinore, whether or not such facilities are a part of the State Water Facilities. (2) Five million dollars ($5,000,000) to the Department of Water Resources. (3) Six million dollars ($6,000,000) to the Department of Boating and Waterways. It is the intent of the Legislature that funds expended pursuant to subdivisions (a) and (b) of this section may be used for the acquisition of parks, beaches, open-space lands, and historical resources, and for development rights and scenic easements in connection with such lands and resources, and, in the case of grants to counties, cities, and districts, also for the development or restoration of such lands or resources and that funds expended pursuant to subdivision (c) of this section be in accordance with the following criteria and priorities: (1) The first priority for the acquisition of coastal recreational resources is as follows: (i) Land and water areas best suited to serve the recreational needs of urban populations. (ii) Land and water areas of significant environmental importance, such as habitat protection. (iii) Land and water areas in either of the above categories shall be given the highest priority when incompatible uses threaten to destroy or substantially diminish the resource value of such area. (2) The second priority for the acquisition of coastal recreational resources is as follows: (i) Land for physical and visual access to the coastline where public access opportunities are inadequate or could be impeded by incompatible uses. (ii) Remaining areas of high recreational value. (iii) Areas proposed as a coastal reserve or preserve, including areas that are or include restricted natural communities, such as ecological areas that are scarce, involving only a limited area; rare and endangered wildlife species habitats; rare and endangered plant species ranges; specialized wildlife habitats; outstanding representative natural communities; sites with outstanding educational value; fragile or environmentally sensitive resources; and wilderness or primitive areas. Areas meeting more than one of these criteria may be considered as being especially important. (iv) Highly scenic areas that are or include landscape preservation projects designated by the Department of Parks and Recreation; open areas identified as being of particular value in providing visual contrast to urbanization, in preserving natural landforms and significant vegetation, in providing attractive transitions between natural and urbanized areas, or as scenic open space; and scenic areas and historical districts designated by cities and counties. All real property acquired pursuant to this chapter shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code, and procedures sufficient to ensure compliance shall be prescribed by the Department of Parks and Recreation. It is the further intent of the Legislature that funds granted pursuant to subdivision (a) of this section may be used by counties, cities, and districts for the acquisition, development, and restoration of public indoor recreational facilities, including enclosed swimming pools, gymnasiums, recreation centers, historical buildings, and museums. For development, the land must be owned by, or subject to a long-term lease to, the applicant county, city, or district. The lease shall be for a period of not less than 25 years from the date an application for a grant is made and shall provide that it may not be revoked at will during that period. (Amended by Stats. 1992, Ch. 427, Sec. 141. Effective January 1, 1993. Note: This section was added by Stats. 1976, Ch. 259, and approved in Prop. 2 on Nov. 2, 1976.)
  190. 5096.125.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Money deposited in the State Coastal Conservancy may be appropriated for specified coastal and park-related purposes, up to $10 million, subject to stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.125. Except as otherwise provided in this section and elsewhere in this chapter, all money deposited in the State Coastal Conservancy shall be available for appropriation, as provided in Section 5096.119, for the purposes set forth in this section, in a total amount not to exceed ten million dollars ($10,000,000): (a) For restoration and enhancement of degraded coastal lands, especially habitat areas and lands near urban areas, that are suitable for intensive or passive recreational use. (b) For the selective acquisition of prime coastal agricultural lands proposed for conversion to nonagricultural use, to prevent urban intrusions into agricultural areas and to assemble coastal agricultural lands into parcels of economic size, using appropriate techniques such as purchase and leaseback or resale of lands for productive use. (c) For the preacquisition of lands for reconveyance to other public agencies for coastal recreational resources preservation purposes. (d) For the selective acquisition of easements and development rights on lands adjacent to public parks or wildlife preserves on or near the coast, to establish a buffer of privately owned land for use consistent with the purposes of the park or preserve and to minimize the need for future acquisitions around existing parks and wildlife preserves. (e) For the acquisition or acceptance of lands providing public access to and along the coast. (f) For the costs of administration and planning. It is the intent of the Legislature that no funds allocated in this chapter to the State Coastal Conservancy shall be expended unless and until the Legislature has enacted legislation authorizing the administration of the conservancy by an existing state agency or a new state agency and has, in such legislation, set forth the purposes, powers, and duties of such agency. If the Legislature has not assigned such authority to an existing or new state agency by January 1, 1980, the funds allocated in this chapter to the State Coastal Conservancy shall be transferred to the State, Urban, and Coastal Park Fund and shall be allocated for expenditure for the purposes specified in subdivision (c) of Section 5096.124. It is the further intent of the Legislature that funds expended pursuant to this section may be used for acquisition of fee title to real property or any other interest in real property that is less than the fee. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  191. 5096.126.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Projects using state funds under Section 5096.125 must begin and be handled in the way the Legislature sets out in the authorizing law.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.126. After the Legislature has authorized the administration of the State Coastal Conservancy by an existing or new state agency, any project involving state funds pursuant to Section 5096.125 shall originate and be processed in the manner to be specified by the Legislature in such authorizing legislation. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  192. 5096.127.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Counties must allocate grant funds by population, consult local cities and districts, and submit an approved priority plan by June 30, 1978.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.127. (a) All of the funds authorized by subdivision (a) of Section 5096.124 for grants, shall be allocated to the counties, such allocation to be based upon the estimated population of the counties on July 1, 1980, as projected by the Department of Finance. (b) Each county’s apportionment of such funds shall be in the same ratio as the county’s population is to the state’s total population; provided, however, that each county having a projected 1980 population of 40,000 or fewer persons shall receive an allocation of two hundred thousand dollars ($200,000); and provided, further, that any grant made to a city or district shall be subtracted from the total otherwise allocable under the provisions of this chapter to the county or counties in which the city or district is located. (c) Each county shall consult with all cities and districts within the county and shall develop and submit to the state for approval a priority plan for expenditure of the county’s allocation. The priority plan for expenditure shall consist of an allocation of the county’s funds to the eligible recipients specified in subdivision (a) of Section 5096.124. The priority plan for expenditure may include the names of individual projects under each governmental jurisdiction. The priority plan for expenditure shall be submitted to the Director of Parks and Recreation prior to June 30, 1978. The priority plan for expenditure of the total county allocation shall be approved by at least 50 percent of the cities and districts representing 50 percent of the population of the cities and districts within the county, and by the county board of supervisors. Failure to submit an approved priority plan by June 30, 1978, shall result in a 10-percent annual reduction of the total county allocation until the priority plan is submitted. Any funds not allocated to a county shall remain in the State, Urban, and Coastal Park Fund and shall be expended under the same conditions as set forth in Section 5096.128 in 1983. By June 30, 1980, if agreement on the priority plan for expenditure has not been submitted to the Director of Parks and Recreation, the county board of supervisors shall petition the Director of Parks and Recreation to distribute to high-priority projects the remaining 80 percent of the county’s allocation. (d) Applications for individual projects may be submitted directly to the Director of Parks and Recreation by individual jurisdictions. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  193. 5096.128.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    The Secretary of the Resources Agency must total the unencumbered balances in the State, Urban, and Coastal Park Fund on July 1, 1983.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.128. On July 1, 1983, the Secretary of the Resources Agency shall cause to be totaled the unencumbered balances remaining in the State, Urban, and Coastal Park Fund. A program shall be submitted in the budget for the 1984–1985 fiscal year to appropriate this balance. This program shall consist of projects deemed to be of highest priority from among the purposes expressed in subdivisions (a) to (e), inclusive, of Section 5096.124 and shall not be subject to the maximum amounts allocated to those purposes in Section 5096.124. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  194. 5096.129.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Certain state-funded projects must start with a legislative or commission resolution, or with action by the Secretary of the Resources Agency directing a study.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.129. Any project involving state funds only, pursuant to subdivisions (b), (c), and (e) of Section 5096.124, shall originate by resolution of the Legislature or of the State Park and Recreation Commission directing a study of the proposed project or by action of the Secretary of the Resources Agency, either on his own initiative, or, with respect to projects to be funded pursuant to subdivision (e) of Section 5096.124, at the request of the Director of Water Resources, directing a study of the proposed project. The costs of these project studies shall be borne by the State, Urban, and Coastal Park Fund. Allocations for the purposes of subdivision (d) of Section 5096.124 that are authorized by the Legislature and approved by the Governor shall be made from the State, Urban, and Coastal Park Fund and shall be expended in accordance with the provisions of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and Game Code). (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  195. 5096.130.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    Grant applications must be sent to the Director of Parks and Recreation, include a planning-agency certification, and state grant applications must comply with the Environmental Quality Act; the minimum project amount is $10,000.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.130. (a) An application for a grant pursuant to subdivision (a) of Section 5096.124 shall be submitted to the Director of Parks and Recreation for review. The application shall be accompanied by a certification from the planning agency of the applicant that the project is consistent with the park and recreation plan for the applicant’s jurisdiction. (b) The minimum amount that may be applied for any individual grant project is ten thousand dollars ($10,000). Any application for a state grant shall comply with the provisions of the Environmental Quality Act of 1970 (commencing with Section 21000). (c) Upon completion of the grant application review by the Director of Parks and Recreation, approved projects shall be forwarded to the Director of Finance for inclusion in the Budget Bill. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  196. 5096.131.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    Certain projects must be submitted to the Secretary of the Resources Agency for review, and the Director of Parks and Recreation must provide a statement about each project.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.131. Projects proposed pursuant to subdivisions (b), (c), (d), and (e) of Section 5096.124 shall be submitted to the office of the Secretary of the Resources Agency for review. The Director of Parks and Recreation shall provide the Secretary of the Resources Agency with a statement concerning each project originated pursuant to subdivisions (b), (c), and (e) of Section 5096.124, which statement shall include the priority of the project in regard to the need to correct the following deficiencies: (a) Deficiencies in providing recreation. (b) Deficiencies in preserving historical resources. (c) Deficiencies in preserving or protecting natural, scenic, ecological, geological, or other environmental values. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  197. 5096.132.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

    Verify source ↗

    The Secretary of the Resources Agency must send recommended projects and comments to the Director of Finance, organize the projects by priority, and include each project’s relationship to a proposed spending timetable.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.132. The Secretary of the Resources Agency, after completing his review, shall forward those projects recommended by the appropriate board or commission together with his comments thereon to the Director of Finance for inclusion in the Budget Bill. Projects proposed pursuant to subdivision (d) of Section 5096.124 shall be subject to the favorable recommendation of the Wildlife Conservation Board. Projects proposed for the state park system pursuant to subdivision (b) or (e) of Section 5096.124 shall be subject to the favorable recommendation of the State Park and Recreation Commission. In submitting the list of projects recommended for inclusion in the annual budget, the secretary shall organize the projects on a priority basis within each of the purposes as set forth in subdivisions (b), (c), (d), and (e) of Section 5096.124. This priority ranking shall be based upon the provisions of Section 5096.124 and the needs specified in Section 5096.131. In addition, the statement setting forth the priorities shall include the relationship of each separate project on the priority list to a proposed time schedule for the acquisition, development, or restoration expenditures associated with the accomplishment of the projects contained in such list. All projects proposed in the Governor’s Budget of each fiscal year shall be contained in the Budget Bill as provided in Section 5096.119. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  198. 5096.133.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    The Director of Finance may transfer unexpended balances from certain park fund appropriations to another appropriation, but only with approval from the State Public Works Board and if the money is not needed for the original purpose.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.133. Projects authorized for the purposes set forth in subdivisions (b), (c), and (e) of Section 5096.124 shall be subject to augmentation as provided in Section 16352 of the Government Code. The unexpended balance in any appropriation heretofore or hereafter made payable from the State, Urban, and Coastal Park Fund which the Director of Finance, with the approval of the State Public Works Board, determines not to be required for expenditure pursuant to the appropriation may be transferred on order of the Director of Finance to, and in augmentation of, the appropriation made in Section 16352 of the Government Code. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  199. 5096.134.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    The Director of Parks and Recreation may make tenancy agreements for certain acquired property, if the seller agrees to pay taxes, follow the Director’s specifications, and the arrangement is compatible with state operation.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.134. The Director of Parks and Recreation may make agreements with respect to any real property acquired pursuant to subdivisions (b) and (c) of Section 5096.124 for continued tenancy of the seller of the property for a period of time and under such conditions as mutually agreed upon by the state and the seller so long as the seller promises to pay such taxes on his interest in the property as shall become due, owing, or unpaid on the interest created by such agreement, and so long as the seller conducts his operations on the land according to specifications issued by the Director of Parks and Recreation to protect the property for the public use for which it was acquired. A copy of such agreement shall be filed with the county clerk in the county in which the property lies. Such arrangement shall be compatible with the operation of the area by the state, as determined by the Director of Parks and Recreation. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)
  200. 5096.135.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. )

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    This section says “acquisition” for this chapter can include several forms of obtaining property, including gifts, purchases, leases, easements, eminent domain, exchanges of like-value property, and purchases of development rights and other interests.

    ## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.68. Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976 [5096.111 - 5096.139] ( Chapter 1.68 added by Stats. 1976, Ch. 259. ) ## 5096.135. Notwithstanding any other provisions of law, for the purposes of this chapter, acquisition may include gifts, purchases, leases, easements, eminent domain, the transfer or exchange of property for other property of like value, and purchases of development rights and other interests, unless the Legislature shall hereafter otherwise provide. Acquisition for the state park system by purchase or by eminent domain shall be under the Property Acquisition Law (commencing with Section 15850 of the Government Code), notwithstanding any other provisions of law. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.)

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