Public Resources Code
Part 30 of 41 · provisions 5,801–6,000
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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- 5096.136. Verify source ↗
## 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. )
The appropriate department head may accept and receive certain grants, gifts, devises, or bequests for this chapter’s purposes, with the Director of Finance’s approval. Those funds are available for expenditure only when the Legislature appropriates them.
## 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. ) ## 5096.136. All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreation, or other purposes for which real property may be acquired or developed pursuant to this chapter, may be accepted and received on behalf of the state by the appropriate department head with the approval of the Director of Finance. Such grants, gifts, devises, or bequests shall be available, when appropriated by the Legislature, for expenditure for the purposes provided in Sections 5096.124 and 5096.125. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.) - 5096.137. Verify source ↗
## 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. )
A state grant project must have a signed agreement between the Department of Parks and Recreation and the applicant, and the property must be used only for the approved purpose unless the Legislature specifically allows another use.
## 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. ) ## 5096.137. There shall be an agreement or contract between the Department of Parks and Recreation and the applicant in the case of a state grant project which shall contain therein the provisions that the property so acquired or developed shall be used by the applicant only for the purpose for which the state grant funds were requested and that no other use of the area shall be permitted except by specific act of the Legislature. No state grant funds shall be available for expenditure until such agreement has been signed. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.) - 5096.138. Verify source ↗
## 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. )
State-acquired land must mostly be open or natural land, and bond funds may not be used to build reservoirs designated as State Water Facilities.
## 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. ) ## 5096.138. Real property acquired by the state shall consist predominantly of open or natural lands, including lands under water capable of being utilized for multiple recreational purposes, and lands necessary for the preservation of historical resources. No funds derived from the bonds authorized by this chapter shall be expended for the construction of any reservoir designated as a part of the “State Water Facilities,” as defined in subdivision (d) of Section 12934 of the Water Code, but such funds may be expended for the acquisition or development of beaches, parks, recreational facilities, and historical resources at or in the vicinity of any such reservoir. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.) - 5096.139. Verify source ↗
## 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. )
The Director of Parks and Recreation may send certain land-acquisition proposals to the State Lands Commission, which must review them within one year and report back; the chapter does not authorize condemnation of state lands.
## 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. ) ## 5096.139. (a) The Director of Parks and Recreation may submit to the State Lands Commission any proposal by a state or local public agency for the acquisition of lands pursuant to this chapter, which lands are located on or near tidelands, submerged lands, swamp, overflowed, or other wetlands which are under the jurisdiction of the State Lands Commission, whether or not such lands are state-owned or have been granted in trust to a local public agency; and the State Lands Commission shall, within one year of such submittal, review such proposed acquisition, make a determination as to the state’s existing or potential interest in the lands, and report its findings to the Director of Parks and Recreation, who shall forward such report to the Secretary of the Resources Agency. (b) No provision of this chapter shall be construed as authorizing the condemnation of state lands. (Added by Stats. 1976, Ch. 259. Approved in Proposition 2 at the November 2, 1976, election.) - 5096.141. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. )
This chapter may be cited as the California Parklands Act of 1980.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.141. This chapter shall be known and may be cited as the California Parklands Act of 1980. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.142. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. )
The state declares a policy to provide and encourage recreation opportunities, protect coastal resources, and support acquisition, development, and restoration for recreation, conservation, and preservation.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.142. 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 and facilities for citizens of California. (b) It is the policy of the state to preserve, protect, and, where possible, 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. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.143. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. )
This section states legislative findings about California’s need for parks, beaches, recreation areas, coastal access, and related funding, and says cities, counties, and districts must stay vigilant to protect existing recreational and historical resources.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.143. 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. Further, the development of parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects has not proceeded rapidly enough to provide for their full utilization by the public. (b) The demand for parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects in the urban areas of our state is even greater since over 90 percent of the present population of California reside in urban areas; there continues to be a serious 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 recreational 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. 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 require, as soon as possible, funding for, and the acquisition of, land and water areas needed to meet demands for coastal recreational opportunities, 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, and to implement local coastal programs required pursuant to the California Coastal Act of 1976. (f) There is a pressing need to provide 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 manmade coastal environments pursuant to activities of the State Coastal Conservancy undertaken pursuant to Division 21 (commencing with Section 31000). (g) Cities, counties, and districts must exercise constant vigilance to see that the parks, beaches, recreation areas 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. (h) Past and current funding programs have not and cannot meet present deficiencies. This condition has become more acute as a result of restrictions on local governmental revenues. (i) 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. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.144. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. )
This section defines several terms used in the chapter, including coastal resources, district, fund, historical resource, historical resources preservation project, and program.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.144. As used in this chapter, the following terms shall have the following meanings: (a) “Coastal resources” means those land and water areas within the coastal zone, as defined in subdivisions (a) and (b) of Section 31006, and within the Santa Monica Mountains Zone, as described in Section 33105, 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, or which are suitable for the preservation of coastal resource values. (b) “District” means any district authorized to provide park, recreation, or open space services, or a combination of such services, except a school district. (c) “Fund” means the Parklands Fund of 1980. (d) “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. (e) “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. (f) “Program” means the Parklands Acquisition and Development Program established by this chapter. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.145. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. )
This section says certain district agricultural associations and citrus fruit fairs can count as a “district” if they provide qualifying park, recreation, or open-space services year-round to the general public, and that certain county fair services may qualify for a local assistance grant as a county project.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.141 - 5096.145] ( Article 1 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.145. (a) “District,” as defined by subdivision (b) of Section 5096.144, includes a district agricultural association or a citrus fruit fair which is authorized to provide park, recreation, or open-space services, or a combination of those services, of a character commonly provided by a recreation and park district, and which provides those services for the general public on a year-round basis. (b) Park, recreation, or open-space services, or a combination of those services, of a character commonly provided by a county parks and recreation department, that are provided by a county fair for the general public on a year-round basis are eligible for a local assistance grant pursuant to subdivision (a) of Section 5096.151 as a county project. (c) The Legislature hereby finds and declares the provisions in this section are declaratory of and in accord with existing law. (Added by Stats. 1981, Ch. 495, Sec. 2.) - 5096.151. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 2. Parklands Acquisition and Development Program [5096.151- 5096.151.] ( Article 2 added by Stats. 1980, Ch. 250, Sec. 1. )
Money in the Parklands Fund of 1980 must be available for appropriation only for the listed park, coastal, and recreation purposes, subject to the stated spending caps and sub-limits.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 2. Parklands Acquisition and Development Program [5096.151- 5096.151.] ( Article 2 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.151. All money deposited in the Parklands Fund of 1980 shall be available for appropriation in the manner set forth in Section 5096.206 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, rehabilitation, 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, rehabilitation, or restoration of real property for the state park system in accordance with the following schedule ........................ $70,000,000 Schedule: (1) Sixty million dollars ($60,000,000) for acquisition, development, and rehabilitation and for cost of planning and interpretation, of which not less than thirty million dollars ($30,000,000) shall be for development and rehabilitation of structures and facilities in existing units of the state park system. (2) Ten million dollars ($10,000,000) for acquisition, development, and restoration of historical resources and for historical resources preservation projects and costs of planning and interpretation. (c) For expenditure for coastal resources in accordance with the following schedule ........................ $90,000,000 Schedule: (1) Sixty million dollars ($60,000,000) for acquisition or development of real property for the state park system and costs of planning. (2) Thirty million dollars ($30,000,000) for grants to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property, or the acquisition of any interest in real property, necessary for the implementation of local coastal programs; for the implementation of projects in San Francisco Bay, as defined in subdivisions (a) and (b) of Section 31006, and in the Santa Monica Mountains Zone, as described in Section 33105; and for state administrative costs in connection therewith. (d) For expenditure by the State Coastal Conservancy for purposes set forth in Division 21 (commencing with Section 31000), and for state administrative and planning costs in connection therewith ........................ $10,000,000 (e) For expenditure by the Department of Parks and Recreation for the purposes of the Roberti-Z’berg Urban Open- Space and Recreation Program Act (commencing with Section 5620 of the Public Resources Code) ........................ $30,000,000 provided, however, that notwithstanding the provisions of Section 5627, funds made available pursuant to this category may be expended only for capital outlay purposes. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.155. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. )
Local assistance grant funds may be used for specified park and resource acquisitions, and for development, rehabilitation, or restoration only under stated land-ownership or interest conditions.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.155. (a) Funds available for appropriation for local assistance grants pursuant to subdivision (a) of Section 5096.151 may be expended for the acquisition of parks, beaches, open-space lands, recreational trails, recreation facilities and areas, and historical resources, and for development rights and scenic easements in connection with such lands and resources. (b) Funds granted pursuant to subdivision (a) of Section 5096.151 may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other interest held by, the applicant city, county, or district. If such lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the Director of Parks and Recreation that the development, rehabilitation, or restoration will provide benefits commensurate with the type and duration of interest in land held by the applicant. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.156. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. )
Counties must consult local cities and districts, create and submit a priority plan, and follow allocation and matching-funds rules for local assistance grants.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.156. (a) All of the funds authorized in subdivision (a) of Section 5096.151 for local assistance grants shall be allocated among the counties on the basis of their populations as most recently projected by the Department of Finance for 1980. (b) Each total county allocation 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 shall be entitled to a minimum allocation of one hundred thousand dollars ($100,000). (c) Each county shall consult with all cities and districts within the county and shall develop and submit a priority plan for expenditure of the total county allocation to the state for approval. The priority plan shall consist of an apportionment of the total county allocation to the county, cities, and districts. The priority plan may include the names of individual projects under each jurisdiction and shall reflect consideration of deficiencies within the county in the preservation of historical resources and natural landscapes as well as in the provision of recreational areas and facilities. The priority plan 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. Recognizing the fact that the boundaries of some cities and districts overlap, only the jurisdictions that will actually provide the facilities contemplated in the priority plan may participate in the approval process. In any county in which a regional park or open-space district is wholly or partially located, the priority plan shall reflect regional park or open-space needs as well as community and neighborhood park and recreation needs. (d) The priority plan shall be submitted prior to January 1, 1982, to the Director of Parks and Recreation for approval. Failure to submit a priority plan by January 1, 1982, shall result in a 10 percent annual reduction of the total county allocation until the priority plan is submitted. By January 1, 1984, if the priority plan 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 total county allocation. Any funds not allocated to a county shall remain in the fund and shall be expended in the manner provided in Section 5096.211. In addition, with the consent of all the cities and districts in the county, the county board of supervisors may reject all or part of the state grant moneys allocated to it pursuant to this section, and such moneys shall be expended in the manner provided in Section 5096.211. (e) Local assistance grants made pursuant to this article for the acquisition of real property shall be on the basis of 75 percent state grants moneys and 25 percent local matching money for the project. Grants shall be matched only by money or property donated to be part of the acquisition project. The grant recipient shall certify to the Department of Parks and Recreation that there is available, or will become available prior to the commencement of any work on the project for which application for a grant has been made, matching money from a nonstate source. The certification of the source and amount of the funds shall be set forth in the application for a grant submitted to the department. Local matching money shall not be required with respect to a grant recipient that has urgent unmet needs for recreational lands and lacks the financial resources to acquire recreational lands, as determined pursuant to a formula set forth in regulations adopted by the Director of Parks and Recreation after a public hearing. (f) Applications for individual projects may be submitted directly to the Director of Parks and Recreation by individual jurisdictions. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.157. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. )
Grant applications must go to the Director of Parks and Recreation for review, include required certification, and comply with CEQA. A project must meet a $20,000 minimum application amount.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.157. (a) An application for a local assistance grant pursuant to this article shall be submitted to the Director of Parks and Recreation for review. The application shall be accompanied by certification from the planning agency of the applicant that the project is consistent with the park and recreation plan for the applicant’s jurisdiction and would satisfy a demonstrated need. (b) The minimum amount that may be applied for any individual project is twenty thousand dollars ($20,000). (c) Every application for a grant shall comply with the provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (d) Upon completion of the review of applications submitted pursuant to subdivision (a), approved projects shall be forwarded to the Director of Finance for inclusion in the Budget Bill. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.158. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. )
State grant funds cannot be disbursed unless the applicant agrees to use funded property only for the requested purpose and to maintain and operate it for a period tied to the project.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.158. (a) No state grant funds may be disbursed until the applicant agrees that any property acquired or developed with such funds shall be used by the applicant only for the purpose for which the funds were requested and that no other use of the property shall be permitted except by specific act of the Legislature. (b) No state grant funds may be disbursed unless the applicant agrees to maintain and operate the property acquired or developed pursuant to this article for a period commensurate with the type of project and the proportion of state grant funds and local funds allocated to the capital costs of the project. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.159. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. )
The recipient must encumber local assistance grant funds within 3 years after the appropriation becomes effective.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.155 - 5096.159] ( Article 3 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.159. Funds appropriated for local assistance grants pursuant to subdivision (a) of Section 5096.151 shall be encumbered by the recipient within three years of the date the appropriation became effective, regardless of the date when each project was approved pursuant to subdivision (d) of Section 5096.157. (Added by Stats. 1983, Ch. 133, Sec. 1. Effective June 28, 1983.) - 5096.161. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 4. State Park System [5096.161 - 5096.163] ( Article 4 added by Stats. 1980, Ch. 250, Sec. 1. )
State park funds allocated under the cited section should be used primarily for projects that improve public use, accessibility, efficiency, resource conservation, and preservation.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 4. State Park System [5096.161 - 5096.163] ( Article 4 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.161. The Legislature recognizes that public financial resources are inadequate to meet all capital outlay needs of the state park system and that the development of recently acquired units of the state park system has proceeded at a rate that has prevented their full potential for public use from being realized. Accordingly, it is declared to be the policy of the state that funds allocated pursuant to subdivision (b) of Section 5096.151 shall be appropriated primarily for projects that accomplish the following: (a) Serve metropolitan population centers and accommodate day-use and weekend-overnight visits. (b) Provide for the development of existing units with the minimum facilities necessary for accessibility, use, and interpretation. (c) Rehabilitate facilities at existing units that will provide for more efficient management and reduced operational costs. (d) Minimize dependence on motor vehicles and reduce other forms of energy and water consumption through appropriately designed facilities. (e) Preserve examples of historical resources and natural landscapes that are underrepresented in the state park system. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.162. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 4. State Park System [5096.161 - 5096.163] ( Article 4 added by Stats. 1980, Ch. 250, Sec. 1. )
Certain listed officials and commissions may nominate park projects for study, and the Department of Parks and Recreation must study nominated projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 4. State Park System [5096.161 - 5096.163] ( Article 4 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.162. (a) Any Member of the Legislature, the State Park and Recreation Commission, the California Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under this article for study by the Department of Parks and Recreation. Any of the commissions shall make nominations by vote of its membership. (b) The Department of Parks and Recreation shall study any project so nominated. (c) Projects proposed for appropriation for the state park system pursuant to subdivision (b) of Section 5096.151 shall be subject to the favorable recommendation of the State Park and Recreation Commission. Projects recommended by the commission shall be forwarded to the Director of Finance for inclusion in the Budget Bill. (Amended by Stats. 2012, Ch. 728, Sec. 141. (SB 71) Effective January 1, 2013. Note: This section was added by Stats. 1980, Ch. 250, and approved in Prop. 1 on Nov. 4, 1980.) - 5096.163. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 4. State Park System [5096.161 - 5096.163] ( Article 4 added by Stats. 1980, Ch. 250, Sec. 1. )
Acquisitions for the state park system by purchase or eminent domain must follow the Property Acquisition Law.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 4. State Park System [5096.161 - 5096.163] ( Article 4 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.163. 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). (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.171. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
Funds available under Section 5096.151(c) must be spent under this article.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.171. Funds available pursuant to subdivision (c) of Section 5096.151 shall be expended pursuant to this article. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.172. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
Certain named public officials and commissions may nominate coastal-zone projects for study, and the Department of Parks and Recreation must study nominated projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.172. (a) Any Member of the Legislature, the California Coastal Commission, the State Coastal Conservancy, the San Francisco Bay Conservation and Development Commission, the State Park and Recreation Commission, or the Secretary of the Resources Agency may nominate, for study by the Department of Parks and Recreation, any project within the coastal zone for acquisition with funds made available for the state park system pursuant to category (1) of subdivision (c) of Section 5096.151. Any of the commissions, and the conservancy, shall make nominations by vote of its membership. (b) The Department of Parks and Recreation shall study any project so nominated. In addition to the procedures required by Section 5006, the Department of Parks and Recreation shall submit to the Legislature annually a report consisting of a prioritized listing and comparative evaluation of all projects nominated for study, in accordance with the following schedule: (1) March 1, 1981, for projects nominated prior to January 15, 1981. (2) November 1, 1981, for projects nominated prior to June 30, 1981, and after January 15, 1981. (3) November 1, 1982, and each November 1 thereafter for projects nominated during the 12 months ending June 30, 1982, and each June 30 thereafter. (c) In making the prioritized listing and comparative evaluation of potential acquisition sites, the department shall adhere to the following criteria and priorities: (1) The first priority for the acquisition of coastal resources is as follows: (A) Land and water areas best suited to serve the recreational needs of urban populations. (B) Land and water areas of significant environmental importance, such as habitat protection. (2) The second priority for the acquisition of coastal resources is as follows: (A) Land for physical and visual access to the coastline where public access opportunities are inadequate or could be impeded by incompatible uses. (B) Remaining areas of high recreational value. (C) Areas proposed as a coastal reserve or preserve, including areas that are or include restricted natural communities, including, but not limited to, ecological areas that are scarce, involving only a limited area; rare and endangered wildlife species habitat; rare and endangered plant species range; specialized wildlife habitat; 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 especially important. (D) Highly scenic areas that are or include landscape preservation projects; 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 or historical districts designated by cities and counties within the coastal zone. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.173. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
The State Coastal Conservancy and the California Coastal Commission must set grant priorities, criteria, and procedures for local coastal programs, and the procedures must also address eligible expenses, application review and approval, and grant disbursement.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.173. (a) The State Coastal Conservancy and the California Coastal Commission shall prepare and adopt priorities, criteria, and procedures for the disbursement and administration of grants of funds made available pursuant to category (2) of subdivision (c) of Section 5096.151 for the implementation of local coastal programs. The procedures shall include provisions that will serve as an incentive to local governments for timely submittal of their local coastal programs, in accordance with the requirements of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)). (b) In consultation with the San Francisco Bay Conservation and Development Commission, the State Coastal Conservancy shall prepare and adopt priorities, criteria, and procedures for the disbursement and administration of grants for the implementation of projects in San Francisco Bay. (c) In consultation with the Santa Monica Mountains Conservancy, the State Coastal Conservancy shall prepare and adopt priorities, criteria, and procedures for the disbursement and administration of grants for the implementation of projects in the Santa Monica Mountains Zone. (d) The procedures required by this section shall specify the categories of expenditures eligible for grants and shall include procedures for the submittal, review, and approval of applications and the disbursement of grant funds. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.174. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
Grant applications must be submitted to the State Coastal Conservancy and comply with the California Environmental Quality Act. The minimum amount for any individual project is $1,000.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.174. (a) An application for a grant shall be submitted to the State Coastal Conservancy for preliminary evaluation, review of adequacy, and classification as a park, beach, coastal access, or other project necessary to preserve coastal resource values. (b) The minimum amount that may be applied for any individual project is one thousand dollars ($1,000). (c) Every application for a grant shall comply with the provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.175. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
After review and classification, the State Coastal Conservancy must forward an application to the appropriate coastal commission for a consistency determination.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.175. (a) After completing the evaluation, review, and classification of an application, the State Coastal Conservancy shall forward the application to the California Coastal Commission for a determination as to its consistency with the approved land use plan of the applicable local coastal program or to the San Francisco Bay Conservation and Development Commission for a determination as to its consistency with the San Francisco Bay Plan or the Suisun Marsh Protection Plan. (b) Applications which are determined by the California Coastal Commission to be consistent with the approved land use plan of the applicable local coastal program, or by the San Francisco Bay Conservation and Development Commission to be consistent with the bay or marsh plan, shall be returned to the State Coastal Conservancy for the purpose of disbursing grants consistent with priorities and criteria developed pursuant to Section 5096.173. (c) Grants for projects in the Santa Monica Mountains Zone shall be disbursed consistent with the provisions of Division 23 (commencing with Section 33000). (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.176. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
Grant funds may be used for development, rehabilitation, or restoration only on lands owned by or tied to the applicant city, county, or district.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.176. Funds granted pursuant to category (2) of subdivision (c) of Section 5096.151 may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other interest held by, the applicant city, county, or district. If such lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the Executive Officer of the State Coastal Conservancy that the development, rehabilitation, or restoration will provide benefits commensurate with the type and duration of interest in land held by the applicant. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.177. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
State grant funds cannot be disbursed until the applicant agrees to restrict use of the acquired or developed property to the funded purpose, unless a specific legislative act allows another use.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.177. No state grant funds may be disbursed until the applicant agrees that any property acquired or developed with such funds shall be used by the applicant only for the purpose for which the funds were requested and that no other use of the property shall be permitted except by specific act of the Legislature. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.178. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. )
This section sets spending limits and appropriation caps for certain coastal-resource funds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 5. Coastal Resources [5096.171 - 5096.178] ( Article 5 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.178. (a) An amount, not to exceed nine hundred thousand dollars ($900,000) in the aggregate, shall be available for appropriation during the 1980–81, 1981–82, and 1982–83 fiscal years, in amounts to be determined in each annual appropriation, from funds available pursuant to category (2) of subdivision (c) of Section 5096.151, in the manner provided in Section 5096.206, to the State Coastal Conservancy for expenditure for the administration of Sections 5096.173 to 5096.177, inclusive; provided, however, that not more than three hundred fifty thousand dollars ($350,000) may be appropriated in any one such fiscal year. (b) An amount, not to exceed five million dollars ($5,000,000) in the aggregate shall be available for appropriation commencing with the 1980–81 fiscal year from funds available pursuant to category (2) of subdivision (c) of Section 5096.151, in the manner provided in Section 5096.206, for projects in San Francisco Bay; and an amount, not to exceed five million dollars ($5,000,000) in the aggregate, shall be available, for projects in the Santa Monica Mountains Zone. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.191. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
Certain project appropriations may be augmented, and an unexpended fund balance may be transferred by the Director of Finance with State Public Works Board approval.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.191. Projects authorized for the purposes set forth in subdivision (b), category (1) of subdivision (c), and subdivision (d) of Section 5096.151 shall be subject to augmentation as provided in Section 16352 of the Government Code, as limited by any provision of the Budget Act. The unexpended balance in any appropriation made payable from the 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. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.192. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
State officials may make property-tenancy agreements, but the seller must pay any taxes tied to the agreement, follow issued land-use specifications, and the agreement copy must be filed with the county clerk.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.192. The Director of Parks and Recreation may make agreements with respect to any real property acquired pursuant to subdivision (b) and category (1) of subdivision (c) of Section 5096.151, and the Executive Officer of the State Coastal Conservancy may make agreements with respect to any real property acquired pursuant to subdivision (d) of Section 5096.151 for the 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 appropriate director or officer 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 appropriate director or officer. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.193. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
When real property is acquired under this chapter, it must comply with a specified Government Code chapter, and the Department of Parks and Recreation or the State Coastal Conservancy must adopt procedures to ensure that compliance by local public agencies.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.193. All real property acquired pursuant to this chapter shall be acquired in compliance with the provisions of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The Department of Parks and Recreation or the State Coastal Conservancy, as the case may be, shall prescribe procedures sufficient to assure such compliance by local public agencies. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.194. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
This section says that, for this chapter, “acquisition” can include several kinds of property transactions and interests.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.194. For the purposes of this chapter, acquisition may include gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, and purchases of development rights and other interests. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.195. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
A departmental director may accept certain grants and donations to the state for park-related purposes, but only with the Director of Finance’s approval.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.195. All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreation, or other purposes for which real property may be acquired or developed pursuant to this chapter, may be accepted and received on behalf of the state by the appropriate departmental director with the approval of the Director of Finance. Such grants, gifts, devises, or bequests shall be available, when appropriated by the Legislature, for expenditure for the purposes specified in Section 5096.151. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.196. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
State-acquired land should mostly be open or natural land, and bond funds cannot be used to build reservoirs, though they may be used for nearby beaches, parks, recreational facilities, or historical resources.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.196. Real property acquired by the state shall consist predominantly of open or natural lands, including lands under water capable of being utilized for multiple recreational purposes, and lands necessary for the preservation of coastal or historical resources. No funds derived from the bonds authorized by this division shall be expended for the construction of any reservoir designated as a part of the “State Water Facilities,” as defined in subdivision (d) of Section 12934 of the Water Code, but such funds may be expended for the acquisition or development of beaches, parks, recreational facilities, and historical resources at or in the vicinity of any such reservoir. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.197. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. )
Before recommending acquisition of certain wetland-related lands, specified state officials must submit the proposal to the State Lands Commission, which must review it and report back within three months.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.191 - 5096.197] ( Article 6 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.197. (a) Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not such lands have been granted in trust to a local public agency, the Director of Parks and Recreation or, the Executive Officer of the State Coastal Conservancy, or the Executive Director of the San Francisco Bay Conservation and Development Commission, as the case may be, shall submit to the State Lands Commission any proposal by a state or local public agency for the acquisition of such lands pursuant to this chapter. The State Lands Commission shall, within three months of such submittal, review such proposed acquisition, make a determination as to the state’s existing or potential interest in the lands, and report its findings to the person making the submittal and to the Department of General Services. (b) No provision of this chapter shall be construed as authorizing the condemnation of state lands. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.201. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Up to $285 million in bonds may be issued and sold to fund the chapter’s purposes and reimburse a 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 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.201. Bonds in the total amount of two hundred eighty-five million dollars ($285,000,000), 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 in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The 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 is hereby pledged for the punctual payment of both principal and interest on the bonds as the principal and interest become due and payable. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.202. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Each year, a sum must be collected to pay bond principal and interest, and revenue-collection officers must take all necessary steps to collect it.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.202. There shall be collected each year and in the same manner and at the same time as other state revenue is collected such a sum in addition to the ordinary revenues of the state as shall be required to pay the principal and interest on the bonds maturing each year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sum. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.203. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Money is appropriated from the General Fund for this chapter, including amounts needed to pay bond principal and interest and to carry out Section 5096.205.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.203. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, 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 principal and interest become due and payable. (b) Such sum as is necessary to carry out the provisions of Section 5096.205, which sum is appropriated without regard to fiscal years. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.204. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Bond proceeds under this chapter must be deposited into the Parklands Fund of 1980, and the fund money may be spent only for chapter purposes and only through legislative appropriation as prescribed in the chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.204. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Parklands Fund of 1980, which is hereby created. The money in the fund may be expended only for the purposes specified in this chapter and only pursuant to appropriation by the Legislature in the manner prescribed in this chapter. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.205. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
The Director of Finance may, by executive order, authorize withdrawals from the General Fund for this article, up to the amount of unsold bonds authorized for the chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.205. For the purposes of carrying out the provisions of this article, 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 moneys deposited in the fund for expenditure for the purposes of subdivision (d) of Section 5096.151 shall be transferred to the State Coastal Conservancy upon appropriation by the Legislature in the manner provided in Section 5096.206. Any moneys deposited in the fund for expenditure for the purposes of subdivision (e) of Section 5096.151 shall be appropriated to the Department of Parks and Recreation in the manner provided in Section 5096.206. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out the provisions of this chapter. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.2055. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
If the Treasurer sells certain bonds with a qualifying tax opinion, the Treasurer may keep separate accounts for bond proceeds and earnings and may use those funds for federal-law-required payments or other actions needed 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 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.2055. 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. 22.) - 5096.206. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Proposed appropriations for the program must be placed in a Budget Bill section titled “Parklands Acquisition and Development Program,” with separate items for each project, class, or element, and bond funds may only be spent through an appropriation in that section.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.206. All proposed appropriations for the program shall be included in a section in the Budget Bill for the 1980–81 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “Parklands Acquisition and Development Program.” The section shall contain separate items for each project, each class of projects, or each element of the program for which an appropriation is made. All appropriations shall be subject to all limitations enacted in the Budget Act 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 section shall contain proposed appropriations only for the program elements and classes of projects 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 section of the Budget Act. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.207. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Bonds authorized by this chapter must be handled under the State General Obligation Bond Law, and that law is incorporated into this chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.207. 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. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.208. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
This section creates the Parklands Program Finance Committee for bond issuance and sale, names its members, makes the State Treasurer its chair, and designates the Secretary of the Natural Resources Agency as “the board” for 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 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.208. For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Parklands Program Finance Committee is hereby created. The committee consists of the Governor, the Controller, the Director of Finance, the Treasurer, and the Secretary of the Natural Resources Agency. For the purposes of this chapter, the Parklands Program Finance Committee shall be “the committee” as that term is used in the State General Obligation Bond Law, and the State Treasurer shall serve as chair of the committee. The Secretary of the Natural Resources Agency is hereby designated as “the board” for the purposes of the State General Obligation Bond Law. (Amended by Stats. 2010, Ch. 213, Sec. 9. (AB 2768) Effective January 1, 2011. Note: This section was added by Stats. 1980, Ch. 250, and approved in Prop. 1 on Nov. 4, 1980.) - 5096.209. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
This section defines “state grant” or “state grant moneys” as bond-sale money received by the state and available for grants to counties, cities, districts, and public agencies.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.209. As used in this chapter, and for the purposes of the State General Obligation Bond Law, “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, districts, and public agencies. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.210. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Money in the fund from bond premiums and accrued interest must be kept in depositories and may 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 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.210. All money deposited in the fund 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. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.211. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
Starting with the Budget Bill for fiscal year 1990-91, the Legislature may appropriate the fund’s remaining balance for program expenditures.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.211. Commencing with the Budget Bill for the 1990-91 fiscal year, the balance remaining in the fund may be appropriated by the Legislature for expenditure, without regard to the maximum amounts allocated to each element of the program, for any or all elements of the program specified in Section 5096.151, or any class or classes of projects within such elements, that the Legislature deems to be of the highest priority. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.212. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
The section declares that proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes,” so disbursement of those proceeds is not subject to Article XIII B limits.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.212. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.213. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. )
If part of this chapter is invalid, the rest still applies if it can work without the invalid part.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.69. California Parklands Act of 1980 [5096.141 - 5096.213] ( Chapter 1.69 added by Stats. 1980, Ch. 250, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.201 - 5096.213] ( Article 7 added by Stats. 1980, Ch. 250, Sec. 1. ) ## 5096.213. 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. 1980, Ch. 250, Sec. 1. Approved in Proposition 1 at the November 4, 1980, election. Operative December 1, 1980.) - 5096.225. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. )
This chapter may be cited as the California Park and Recreational Facilities Act of 1984.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.225. This chapter shall be known and may be cited as the California Park and Recreational Facilities Act of 1984. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.226. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. )
The section states California’s policy to provide recreational opportunities, protect and restore important coastal resources, and support acquisition, development, or restoration of areas for recreation, conservation, or preservation.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.226. 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 and facilities for citizens of California. (b) It is the policy of the state to preserve, protect, and, where possible, restore coastal resources which are of significant recreational or environmental importance and, through proper planning and development, to make them available 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, or restore areas for recreation, conservation, or preservation and to aid local governments of the state in acquiring, developing, or restoring those areas as will contribute to the realization of the policy declared in this chapter. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.227. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. )
The provision says local governments should protect existing parks and recreation resources, improve and maintain facilities, and an aggressive funded recreation program should be implemented quickly.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.227. 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. Further, the development of parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects has not proceeded rapidly enough to provide for their full utilization by the public. (b) The demand for parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects in the urban areas of our state is even greater since over 90 percent of the present population of California reside in urban areas; there continues to be a serious deficiency in open space and recreation areas in the metropolitan areas of the state; and 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) There is a particularly high demand for recreational use at reservoirs and lakes within the state park system and recreational facilities at nonstate water facilities are particularly in need of expansion, rehabilitation, or restoration. (e) 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 recreational 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 development 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. (f) Cities, counties, and districts must exercise constant vigilance to see that the parks, beaches, recreation areas and recreational facilities, and historical resources they now have are not lost to other uses; they should acquire additional lands as those lands become available; they should take steps to improve the facilities they now have; and they should adequately operate and maintain their existing and proposed systems for the enjoyment of present and future generations of persons of all income levels, all ages, and all social groups. (g) Past and current funding programs have not and cannot meet present deficiencies. This condition has become more acute as a result of restrictions on local governmental revenues. There is a need to give priority to further recreational development that can serve expanding recreational needs, produce operating revenues, and in some cases stimulate private sector jobs. In view of the present revenue shortages, and the increasing recreational demands, such a priority is most important at this time. (h) 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. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.228. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. )
This section defines key terms used in the chapter, including coastal resources, district, fund, historical resource, historical resources preservation project, inland resources, program, stewardship, and Sacramento-San Joaquin Delta.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.228. As used in this chapter, the following terms shall have the following meanings: (a) “Coastal resources” means those land and water areas within the coastal zone, as defined in subdivisions (a) and (b) of Section 31006, and within the Santa Monica Mountains Zone, as described in Section 33105, 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, or which are suitable for the preservation of coastal resource values. (b) “District” means any district authorized to provide park, recreational, or open-space services, or a combination of those services, except a school district. (c) “Fund” means the Parklands Fund of 1984. (d) “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. (e) “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. (f) “Inland resources” means those land and water areas not included in the definition of coastal resources. (g) “Program” means the Parklands Acquisition and Development Program of 1984 established by this chapter. (h) “Stewardship” means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. It does not mean the maintenance or alteration of facilities, developments, or of any physical installations whose original purpose was not the protection of natural and scenic resources. (i) “Sacramento-San Joaquin Delta” means those land and water areas defined in Section 12200 of the Water Code. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.229. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. )
This section says certain district agricultural associations, citrus fruit fairs, and county fairs can fall within the Act’s definition of “District” and that some county-fair park and recreation services may qualify for a local assistance grant.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.225 - 5096.229] ( Article 1 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.229. (a) “District,” as defined by subdivision (b) of Section 5096.228, includes a district agricultural association or a citrus fruit fair which is authorized to provide park, recreational, or open-space services, or a combination of those services, of a character commonly provided by a recreation and park district, and which provides those services for the general public on a year-round basis. (b) Park, recreational, or open-space services, or a combination of those services, of a character commonly provided by a county parks and recreation department, which are provided by a county fair for the general public on a year-round basis, are eligible for a local assistance grant pursuant to subdivision (a) of Section 5096.231 as a county project. (c) The Legislature hereby finds and declares that the provisions of this section are declaratory of and in accord with existing law. (Added by Stats. 1985, Ch. 827, Sec. 1.) - 5096.231. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 2. Parklands Acquisition and Development Program [5096.231 - 5096.232] ( Article 2 added by Stats. 1984, Ch. 5, Sec. 1. )
This section allocates money from the Parklands Fund of 1984 for parks, beaches, recreation, historical resources, state parks, and wildlife-related projects, with stated dollar caps and some minimums/limits.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 2. Parklands Acquisition and Development Program [5096.231 - 5096.232] ( Article 2 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.231. All money deposited in the Parklands Fund of 1984 shall be available for appropriation in the manner set forth in Section 5096.260 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, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes, including an amount not to exceed $1,500,000 for state administrative costs directly incurred in connection therewith, and further including the amount of $1,500,000 for grants to nonprofit organizations as provided in category (5), in accordance with the following schedule: ........................ $150,000,000 Schedule: (1) Seventy-eight million five hundred thousand dollars ($78,500,000) for the development, rehabilitation, or restoration of real property for park, beach, and recreational purposes; provided, however, that each county shall be entitled to receive not less than two hundred thousand dollars ($200,000). (2) Fifteen million dollars ($15,000,000) for the development, rehabilitation, or restoration of real property consisting of locally and regionally operated lakes, reservoirs and waterways. (3) Forty-five million dollars ($45,000,000) for expenditure by the Department of Parks and Recreation for the purposes of the Roberti-Z’berg Urban Open-spaces and Recreation Program Act (commencing with Section 5620 of the Public Resources Code); provided however, that notwithstanding Section 5627, funds made available pursuant to this category may be expended only for capital outlay purposes. (4) Ten million dollars ($10,000,000) for acquisition, development, rehabilitation, or restoration of historical resources and for historical resources preservation projects and costs of planning and interpretation. (5) One million five hundred thousand dollars ($1,500,000) for the acquisition, development, rehabilitation, or restoration of real property for park and recreational purposes by nonprofit organizations. (b) For acquisition, development, rehabilitation, or restoration of real property for the state park system in accordance with the following schedule: ........................ $145,000,000 Schedule: (1) Forty-five million dollars ($45,000,000) for acquisition of real property inside the boundaries of existing projects or units or as additions to existing projects or units; provided, however, that not more than ten million dollars ($10,000,000) shall be expended on any one project or unit of the state park system. (2) Forty million five hundred thousand dollars ($40,500,000) for development, rehabilitation, or restoration of coastal resources, other than coastal resources in or on San Francisco Bay, in accordance with the following schedule: Schedule: (A) Twenty-eight million five hundred thousand dollars ($28,500,000) within San Diego County through Santa Barbara County. (B) Seven million five hundred thousand dollars ($7,500,000) within San Luis Obispo County through the City and County of San Francisco. (C) Four million five hundred thousand dollars ($4,500,000) within Marin County through Del Norte County. (3) Fourteen million five hundred thousand dollars ($14,500,000) for development, rehabilitation, or restoration of resources in or on San Francisco Bay. (4) Fifteen million dollars ($15,000,000) for development, rehabilitation, or restoration of inland resources. (5) Fifteen million dollars ($15,000,000) for development, rehabilitation, or restoration at lakes, reservoirs, and waterways, including state water facilities, as defined in paragraphs (1) to (4), inclusive, of subdivision (d) of Section 12934 of the Water Code. (6) Five million dollars ($5,000,000) for the repair of storm damage and construction to prevent future storm damage. (7) Three million dollars ($3,000,000) for planning, development, rehabilitation, restoration, or interpretive facilities in support of volunteer community action projects for the state park system. (8) Five million dollars ($5,000,000) for the increased stewardship of the public investment in the protection of the most critical natural and scenic features of the existing state park system. (9) Two million dollars ($2,000,000) for development, rehabilitation, or restoration of real property for the state park system within the Sacramento-San Joaquin Delta. (c) For the acquisition, development, or restoration of real property for wildlife management in accordance with the provisions of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code), including costs for planning and interpretation in accordance with the following schedule: ........................ $25,000,000 Schedule: (1) Fifteen million dollars ($15,000,000) for the acquisition, development, rehabilitation, or restoration of real property for wildlife management. (2) Ten million dollars ($10,000,000) for the acquisition, rehabilitation, or restoration of habitat for any bird, mammal, fish, amphibia or reptile declared rare or endangered pursuant to the Federal Endangered Species Act of 1973 (Title 16, United States Code Sec. 1531 et seq.) and subsequent amendments or designated by state statute as fully protected. (d) (1) This subdivision shall become operative only if Senate Bill 512 of the 1983-84 Regular Session of the Legislature is approved by the voters, in which case, subdivision (c) of this section shall not be operative. (2) Ten million dollars ($10,000,000) to the Santa Monica Mountains Conservancy for the purposes set forth in Division 23 (commencing with Section 33000), and for administrative costs directly incurred in connection therewith. (3) Five million dollars ($5,000,000) for expenditure by the Wildlife Conservation Board pursuant to the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code in accordance with the following schedule: Schedule: (A) Three million dollars ($3,000,000) for development, rehabilitation, or restoration of real property for coastal fishing piers. (B) Two million dollars ($2,000,000) for acquisition, development, rehabilitation, or restoration of real property for wildlife-oriented public use projects. (4) Ten million dollars ($10,000,000) for development, rehabilitation, or restoration of real property for the state park system in accordance with the following schedule: Schedule: (A) Five million dollars ($5,000,000) in augmentation of subdivision (b) for development and restoration of historical resources and for historical resources preservation projects and costs of planning and interpretation. (B) Three million dollars ($3,000,000) in augmentation of category (4) of subdivision (b). (C) Two million dollars ($2,000,000) in augmentation of category (2) of subdivision (b). (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.232. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 2. Parklands Acquisition and Development Program [5096.231 - 5096.232] ( Article 2 added by Stats. 1984, Ch. 5, Sec. 1. )
Money in the State Coastal Conservancy Fund of 1984 may be appropriated for listed purposes, up to a $50 million total cap.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 2. Parklands Acquisition and Development Program [5096.231 - 5096.232] ( Article 2 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.232. All money deposited in the State Coastal Conservancy Fund of 1984, not to exceed fifty million dollars ($50,000,000), shall be available for appropriation in the manner set forth in Section 5096.260 for the purposes set forth below in amounts not to exceed the following: (a) Fifteen million dollars ($15,000,000) for the purposes set forth in Division 21 (commencing with Section 31000), and for state administrative costs directly incurred in connection therewith. (b) Fifteen million dollars ($15,000,000) for grants to local public agencies or nonprofit organizations for projects in the San Francisco Bay and the Suisun Marsh of which not less than five million dollars ($5,000,000) shall be allocated to urban waterfront projects, and for state administrative costs directly incurred in connection therewith. (c) Twenty million dollars ($20,000,000) for grants to local public agencies or nonprofit organizations to acquire, develop, or restore real property that consist of projects provided for in local coastal programs pursuant to Division 20 (commencing with Section 30000), and for state administrative costs directly incurred in connection therewith. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.233. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. )
This section makes certain park grant funds available on a competitive basis, requires public hearings before grant-evaluation criteria are prepared and adopted, and sets regional grant allocation amounts plus a minimum amount each county can compete for.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.233. (a) All of the funds authorized in categories (1) and (2) of subdivision (a) of Section 5096.231 shall be available for grants on a competitive basis for projects which will fulfill one or more of the following objectives: rehabilitation or restoration of existing facilities, development of facilities to serve urban populations, development of facilities which increase the grant recipient’s revenues by expanding public recreation services, or stimulation of new jobs. After at least two public hearings, the Director of Parks and Recreation shall prepare and the Secretary of the Resources Agency shall adopt criteria and procedures for evaluating those competitive grants. (b) The funds authorized in category (1) of subdivision (a) of Section 5096.231 shall be available for appropriation of not more than twenty-eight million five hundred thousand dollars ($28,500,000) in the 1985–86 fiscal year and for appropriation of not more than twenty-five million dollars ($25,000,000) in each of the 1986–87 and 1987–88 fiscal years and shall be allocated among cities, counties, and districts located within the following regions in accordance with the following schedule, reduced pro rata by the amount of state administrative costs directly incurred under that category: 1986–87 1985–86 and 1987–88 Schedule: fiscal year fiscal years (1) Del Norte, Humboldt, Mendocino, and Lake Counties ........................ $ 300,000 $ 250,000 (2) Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Glenn, Butte, and Colusa Counties ........................ $ 700,000 $ 650,000 (3) Sierra, Sutter, Yuba, Nevada, Yolo, Placer, Sacramento, and El Dorado Counties ........................ $1,511,000 $1,300,000 (4) Sonoma, Napa, Solano, Marin, Contra Costa, San Mateo, Alameda, and Santa Clara Counties and the City and County of San Francisco ........................ $6,203,000 $5,385,000 (5) Amador, Alpine, San Joaquin, Calaveras, Tuolumne, Stanislaus, and Merced Counties ........................ $ 995,000 $ 850,000 (6) Mariposa, Madera, Fresno, Kings, Tulare, and Kern Counties ........................ $1,580,000 $1,360,000 (7) Santa Cruz, San Benito, Monterey, San Luis Obispo, and Santa Barbara Counties ........................ $1,119,000 $1,000,000 (8) Ventura, Los Angeles, San Bernardino, Orange, Riverside, and Imperial Counties ........................ $ 13,795,000 $ 12,100,000 (9) San Diego County ........................ $2,147,000 $1,980,000 (10) Mono and Inyo Counties ........................ $ 150,000 $ 125,000 (c) Notwithstanding the schedule in subdivision (b), each county together with the cities and districts within that county shall be entitled to compete for not less than two hundred thousand dollars ($200,000) in grants under category (1) of subdivision (a) of Section 5096.231. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.234. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. )
The recipient must encumber local assistance grant funds within three years after the appropriation becomes effective.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.234. Funds appropriated for local assistance grants pursuant to subdivision (a) of Section 5096.231 shall be encumbered by the recipient within three years of the date when the appropriation became effective, regardless of the date when each project was approved pursuant to subdivision (d) of Section 5096.236. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.235. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. )
This section says certain local assistance grant funds may be used for park and related land projects, and sets conditions for how some grants must be handled and evaluated.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.235. (a) Funds available for appropriation for local assistance grants pursuant to category (3) of subdivision (a) of Section 5096.231 may be expended for the acquisition, development, rehabilitation, or restoration of parks, beaches, open-space lands, recreational trails, or recreational facilities and areas, and for development rights or scenic easements in connection with those acquisitions. (b) The funds authorized in category (4) of subdivision (a) of Section 5096.231 shall be available as grants on a competitive basis to cities, counties, and districts and shall be encumbered by the recipient within three years of the date when the appropriation became effective, regardless of the date when each project was approved pursuant to subdivision (d) of Section 5096.236. The Director of Parks and Recreation, through the Office of Historic Preservation, shall prepare and the Secretary of the Resources Agency shall adopt criteria and procedures for evaluating those competitive grants. An individual jurisdiction may enter into an agreement with a nonprofit organization for the purpose of carrying out a grant, subject to the requirements of subdivision (c). (c) Funds granted pursuant to subdivision (a) of Section 5096.231 may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other interest held by, the applicant city, county, or district. If those lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the Director of Parks and Recreation that the development, rehabilitation, or restoration will provide benefits commensurate with the type and duration of interest in land held by the applicant. (d) The funds authorized in category (5) of subdivision (a) of Section 5096.231 shall be available as grants on a competitive basis to nonprofit organizations that provide park, recreation, or open space services or facilities to the general public. The Director of Parks and Recreation shall prepare, and the Secretary of the Resources Agency shall adopt, criteria and procedures for evaluating those competitive grants. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.236. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. )
Grant applications must go to the Director of Parks and Recreation, include required certification unless an exception applies, comply with CEQA, and approved projects are sent to the Director of Finance.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.236. (a) An application for a local assistance grant pursuant to this article shall be submitted to the Director of Parks and Recreation for review. Except for an application for a grant under category (4) or (5) of subdivision (a) of Section 5096.231, the application shall be accompanied by certification from the planning agency of the applicant that the project is consistent with the park and recreation plan for the applicant’s jurisdiction and would satisfy a demonstrated need. (b) The minimum amount that may be applied for any individual project is ten thousand dollars ($10,000). (c) Every application for a grant shall comply with the provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (d) Upon completion of the review of applications submitted pursuant to subdivision (a), approved projects shall be forwarded to the Director of Finance for inclusion in the Budget Bill. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.237. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. )
State grant funds cannot be disbursed until the applicant agrees to use funded property only for the requested purpose, avoid unauthorized sale or disposition, and maintain and operate the property for a commensurate period.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 3. Local Assistance Grants [5096.233 - 5096.237] ( Article 3 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.237. (a) No state grant funds authorized under Section 5096.231 may be disbursed until the applicant agrees that any property acquired, developed, rehabilitated, or restored with the funds shall be used by the applicant only for the purpose for which the funds were requested and that no other use, sale, or other disposition of the property shall be permitted except by specific act of the Legislature. If the use of the property is changed to one other than permitted under the category in subdivision (a) of Section 5096.231 from which the funds were appropriated, or the property is sold or otherwise disposed of, an amount equal to the amount of the grant or equal to the fair market value of the real property, or portion thereof, acquired, developed, rehabilitated, or restored with the grant, whichever is greater, shall be used by the city, county, or district for a purpose authorized in that category or shall be reimbursed to the fund for a use authorized in that category. (b) No state grant funds authorized under Section 5096.231 may be disbursed unless the applicant agrees to maintain and operate the property acquired, developed, rehabilitated, or restored pursuant to this article for a period commensurate with the type of project and the proportion of state grant funds and local funds allocated to the capital costs of the project. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.241. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 4. State Park System [5096.241 - 5096.243] ( Article 4 added by Stats. 1984, Ch. 5, Sec. 1. )
The provision states that state park funds should be used mainly for projects that improve public access, develop existing facilities, rehabilitate facilities, reduce vehicle and resource use, and complete ongoing projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 4. State Park System [5096.241 - 5096.243] ( Article 4 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.241. The Legislature recognizes that public financial resources are inadequate to meet all capital outlay needs of the state park system and that the development of recently acquired units of the state park system has proceeded at a rate that has prevented their full potential for public use from being realized. Accordingly, it is declared to be the policy of the state that funds allocated pursuant to subdivision (b) of Section 5096.231 shall be appropriated primarily for projects that accomplish the following: (a) Serve metropolitan population centers and accommodate day-use and weekend-overnight visits. (b) Provide for the development of existing units with the minimum facilities necessary for accessibility, use, and interpretation. (c) Rehabilitate facilities at existing units that will provide for more efficient management and reduced operational costs. (d) Minimize dependence on motor vehicles and reduce other forms of energy and water consumption through appropriately designed facilities. (e) Acquire those lands which will lead to the completion of ongoing projects. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.242. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 4. State Park System [5096.241 - 5096.243] ( Article 4 added by Stats. 1984, Ch. 5, Sec. 1. )
Certain officials may nominate park projects for study, and nominated projects must be studied, approved, and forwarded for Budget Bill inclusion.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 4. State Park System [5096.241 - 5096.243] ( Article 4 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.242. (a) Any Member of the Legislature, the State Park and Recreation Commission, the California Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under this article for study by the Department of Parks and Recreation. The State Park and Recreation Commission shall nominate projects after holding at least one public hearing to seek project proposals from individuals, citizen groups, the Department of Parks and Recreation, and other public agencies. Any of the commissions shall make nominations by vote of its membership. (b) The Department of Parks and Recreation shall study any project so nominated. (c) Nominated projects shall be approved by the Secretary of the Resources Agency and forwarded by the secretary to the Director of Finance for inclusion in the Budget Bill. (Amended by Stats. 2012, Ch. 728, Sec. 142. (SB 71) Effective January 1, 2013. Note: This section was added by Stats. 1984, Ch. 5, and approved in Prop. 18 on June 5, 1984.) - 5096.243. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 4. State Park System [5096.241 - 5096.243] ( Article 4 added by Stats. 1984, Ch. 5, Sec. 1. )
State park acquisitions by purchase or eminent domain must follow the Property Acquisition Law; stewardship work can include listed conservation activities and cannot be used for routine park operations or work usually funded elsewhere.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 4. State Park System [5096.241 - 5096.243] ( Article 4 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.243. (a) 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). (b) Work efforts for stewardship purposes may include, but are not limited to, such objectives as the control of major erosion and geologic hazards, the restoration and improvement of critical plant and animal habitat, the control and elimination of exotic species encroachment, the stabilization of coastal dunes and bluffs, and the planning necessary to implement those activities. Those efforts may not include activities which merely supplement normal park system operations or which are usually funded from other sources. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.244. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 5. State Coastal Conservancy [5096.244- 5096.244.] ( Article 5 added by Stats. 1984, Ch. 5, Sec. 1. )
The State Coastal Conservancy must set grant priorities and procedures, and grant applications must meet specific submission, environmental, land-ownership, use, and maintenance conditions.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 5. State Coastal Conservancy [5096.244- 5096.244.] ( Article 5 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.244. (a) The State Coastal Conservancy shall prepare and adopt priorities, criteria, and procedures for the making of grants to local public agencies or nonprofit organizations pursuant to Section 5096.232. The procedures shall specify the categories of expenditures for grants, and shall include procedures for the submittal, review, and approval of applications, disbursements, and, where appropriate, repayment of grant funds. (b) An application for a grant pursuant to this article shall be submitted to the State Coastal Conservancy for evaluation, review of adequacy, and classification as a park, beach, coastal access, or other project necessary to protect coastal resource values. (c) The minimum amount that may be applied for any individual project is one thousand dollars ($1,000). (d) Every application for a grant shall comply with the provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (e) Funds granted pursuant to Section 5096.232 may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other interest held by, the applicant. If those lands are not owned by the applicant, the applicant shall first demonstrate to the satisfaction of the State Coastal Conservancy that the development, rehabilitation, or restoration will provide benefits commensurate with the type and duration of interest in land held by the applicant. (f) No state grant funds authorized under Section 5096.232 may be disbursed until the applicant agrees that any property acquired or developed with the funds shall be used by the applicant only for the purpose for which the funds were requested and that no other use, sale, or other disposition of the property shall be permitted except by specific act of the Legislature. If the use of the property is changed to one other than permitted under the category in Section 5096.232 from which the funds were appropriated, or the property is sold or otherwise disposed of, an amount equal to the amount of the grant or equal to the fair market value of the real property, or portion thereof, acquired or developed with the grant, whichever is greater, shall be used by the local public agency or the nonprofit organization for a purpose authorized in that category or shall be reimbursed to the State Coastal Conservancy Fund of 1984 for a use authorized in that category. (g) No state grant funds authorized under Section 5096.232 may be disbursed unless the applicant agrees to maintain and operate the property acquired or developed pursuant to this article for a period commensurate with the type of project and the proportion of state grant funds and local funds allocated to the capital costs of the project. (Amended by Stats. 2001, Ch. 745, Sec. 173. Effective October 12, 2001. Note: This section was added by Stats. 1984, Ch. 5, and approved in Prop. 18 on June 5, 1984.) - 5096.245. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
Some project appropriations may be increased under Government Code Section 16352, subject to the Budget Act, and the Director of Finance may transfer unneeded unexpended fund balances with State Public Works Board approval.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.245. Projects authorized for the purposes set forth in subdivisions (b) and (c) of Section 5096.231 shall be subject to augmentation as provided in Section 16352 of the Government Code, as limited by any provision of the Budget Act. The unexpended balance in any appropriation made payable from the 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. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.246. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
The Department of General Services and the Executive Officer of the State Coastal Conservancy may make tenancy agreements for certain real property if the use is compatible with state park purposes and resource conservation; a copy of the agreement must be filed with the county clerk.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.246. The Department of General Services, if the Director of Parks and Recreation finds that the use would be compatible with the ultimate use of the real property as a unit, or part of a unit, of the state park system and with the sound management and conservation of resources within the unit, may make agreements with respect to any real property acquired pursuant to subdivision (b) of Section 5096.231, and the Executive Officer of the State Coastal Conservancy may make agreements with respect to any real property acquired pursuant to Section 5096.232, for the 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 or her interest in the property as shall become due, owing, or unpaid on the interest created by the agreement, and so long as the seller conducts any operations on the land according to specifications issued by the appropriate director or officer to protect the property for the public use for which it was acquired. A copy of the agreement shall be filed with the county clerk in the county in which the property lies. The arrangement shall be compatible with the operation of the area by the state, as determined by the appropriate director or officer. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.247. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
The Department of Parks and Recreation and the State Coastal Conservancy must prescribe procedures to help local public agencies comply when they receive certain funds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.247. All real property acquired pursuant to this chapter shall be acquired in compliance with the provisions of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. The Department of Parks and Recreation shall prescribe procedures sufficient to assure compliance by local public agencies which receive funds under Section 5096.231 and the State Coastal Conservancy shall prescribe procedures sufficient to assure compliance by local public agencies which receive funds under Section 5096.232. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.248. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
For this chapter, “acquisition” can include several kinds of property transactions and interests, including gifts, purchases, leases, easements, and certain eminent domain uses if expressly authorized.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.248. For the purposes of this chapter, acquisition may include gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, and purchases of development rights and other interests. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.249. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
An appropriate departmental director may accept grants, gifts, devises, or bequests to the state for certain park-related purposes, but only with the Director of Finance’s approval.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.249. All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreation, or other purposes for which real property may be acquired or developed pursuant to this chapter, may be accepted and received on behalf of the state by the appropriate departmental director with the approval of the Director of Finance. The grants, gifts, devises, or bequests shall be available, when appropriated by the Legislature, for expenditure for the purposes specified in Sections 5096.231 and 5096.232. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.250. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
State-acquired real property must mainly be open or natural land, and bond money from this division cannot be used to build a reservoir that is part of the State Water Facilities.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.250. Real property acquired by the state shall consist predominantly of open or natural lands, including lands under water capable of being utilized for multiple recreational purposes, and lands necessary for the preservation of coastal or historical resources. No funds derived from the bonds authorized by this division shall be expended for the construction of any reservoir designated as a part of the “State Water Facilities,” as defined in subdivision (d) of Section 12934 of the Water Code. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.251. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. )
Before recommending acquisition of certain wetland-adjacent lands, the Director of Parks and Recreation or the Executive Officer of the State Coastal Conservancy must submit the proposal to the State Lands Commission, which must review it within three months and report its findings.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 6. Miscellaneous Provisions [5096.245 - 5096.251] ( Article 6 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.251. (a) Prior to recommending the acquisition of lands that are located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not those lands have been granted in trust to a local public agency, the Director of Parks and Recreation or the Executive Officer of the State Coastal Conservancy, as appropriate, shall submit to the State Lands Commission any proposal by a state or local public agency for the acquisition of those lands pursuant to this chapter. The State Lands Commission shall, within three months of submittal, review the proposed acquisition, make a determination as to the state’s existing or potential interest in the lands, and report its findings to the person making the submittal and to the Department of General Services. (b) No provision of this chapter shall be construed as authorizing the condemnation of state lands. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.255. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
The section allows bonds up to $368,900,000 to be issued and sold for chapter purposes and to reimburse a revolving fund.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.255. Bonds in the total amount of three hundred sixty-eight million nine hundred thousand dollars ($368,900,000), 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 in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The 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 is hereby pledged for the punctual payment of both principal and interest on the bonds as the principal and interest become due and payable. (Amended by Stats. 2012, Ch. 39, Sec. 92. (SB 1018) Effective June 27, 2012. Note: This section was added by Stats. 1984, Ch. 5, and approved in Prop. 18 on June 5, 1984.) - 5096.256. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Revenue officers must take the actions needed to collect an additional annual sum for bond principal and interest.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.256. There shall be collected each year and in the same manner and at the same time as other state revenue is collected such a sum in addition to the ordinary revenues of the state as shall be required to pay the principal and interest on the bonds maturing each year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sum. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.257. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
The statute appropriates money from the General Fund for this chapter, including annual amounts needed to pay bond principal and interest and amounts needed to carry out Section 5096.259.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.257. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, 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 principal and interest become due and payable. (b) Such sum as is necessary to carry out the provisions of Section 5096.259, which sum is appropriated without regard to fiscal years. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.258. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Bond proceeds must be deposited into designated funds, and money in those funds may be spent only for specified 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 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.258. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Parklands Fund of 1984 or the State Coastal Conservancy Fund of 1984, which are hereby created. The money in the Parklands Fund of 1984 may be expended only for the purposes specified in this chapter and only pursuant to appropriation by the Legislature in the manner prescribed in this chapter. The money in the State Coastal Conservancy Fund of 1984 may be expended only for the purposes specified in Section 5096.232 and only pursuant to appropriation by the Legislature in the manner prescribed in this chapter. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.259. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
The Director of Finance may use an executive order to authorize withdrawals from the General Fund, up to the amount of unsold bonds authorized for this chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.259. For the purposes of carrying out the provisions of this article, 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 moneys deposited in the fund for expenditure for the purposes of subdivision (c) of Section 5096.231 shall be appropriated to the Department of Parks and Recreation in the manner provided in Section 5096.260. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out the provisions of this chapter. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.2595. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
The Treasurer may keep separate accounts for certain bond proceeds and may use those proceeds or earnings for federal-law-required payments or other federal-law-required or desirable actions.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.2595. 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. 23.) - 5096.260. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Certain program appropriations must be placed in specified Budget Bill sections, and bond funds may be spent only on appropriations contained in those sections.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.260. (a) Except for proposed appropriations under Section 5096.232, proposed appropriations for the program shall be included in a section in the Budget Bill for the 1984–85 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “Parklands Acquisition and Development Program of 1984.” The section shall contain separate items for each project, each class of projects, or each element of the program for which an appropriation is made. (b) All proposed appropriations for the program under Section 5096.232 shall be included in a section in the Budget Bill for the 1984–85 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “State Coastal Conservancy.” The section shall contain separate items for each project, each class of projects, or each element of the program for which an appropriation is made. (c) All appropriations shall be subject to all limitations enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from those laws by a statute enacted by the Legislature. Those sections shall contain proposed appropriations only for the program elements and classes of projects 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 those sections of the Budget Act. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.261. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Bonds authorized by this chapter must be handled under 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 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.261. 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 of Division 4 of 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. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.262. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
This section creates the Parklands Program Finance Committee and identifies who serves on it and who acts as chair and “the board” for bond-law purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.262. For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Parklands Program Finance Committee is hereby created. The committee consists of the Governor, the Controller, the Director of Finance, the Treasurer, and the Secretary of the Natural Resources Agency. For the purposes of this chapter, the Parklands Program Finance Committee shall be “the committee” as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chair of the committee. The Secretary of the Natural Resources Agency is hereby designated as “the board” for the purposes of the State General Obligation Bond Law. (Amended by Stats. 2010, Ch. 213, Sec. 10. (AB 2768) Effective January 1, 2011. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.263. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
This section defines “state grant” and “state grant moneys” 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 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.263. As used in this chapter, and for the purposes of the State General Obligation Bond Law, “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, districts, local public agencies, and nonprofit organizations. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.264. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Money in the specified funds that comes from bond premium and accrued interest must be kept in the depositories and must be available to transfer to the General Fund as a credit for bond-interest spending.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.264. All money deposited in the fund or the State Coastal Conservancy Fund of 1984 which is derived from premium and accrued interest on bonds sold shall be reserved in those depositories and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.265. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Starting with the 1993–94 Budget Bill, the Legislature may appropriate remaining balances in the fund and the State Coastal Conservancy Fund of 1984 for expenditure.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.265. Commencing with the Budget Bill for the 1993–94 fiscal year, the balances remaining in the fund and the State Coastal Conservancy Fund of 1984 may be appropriated by the Legislature for expenditure, without regard to the maximum amounts allocated to each element of the program, for any or all elements of the program specified in Sections 5096.231 and 5096.232, or any class or classes of projects within those elements, that the Legislature deems to be of the highest priority. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.266. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
Bond-sale proceeds covered by this chapter are not treated as “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.266. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.267. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. )
If part of this chapter is invalid, the rest still remains effective if it can work without the invalid part.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.691. California Park and Recreational Facilities Act of 1984 [5096.225 - 5096.267] ( Chapter 1.691 added by Stats. 1984, Ch. 5, Sec. 1. ) ## ARTICLE 7. Fiscal Provisions [5096.255 - 5096.267] ( Article 7 added by Stats. 1984, Ch. 5, Sec. 1. ) ## 5096.267. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that 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. 1984, Ch. 5, Sec. 1. Approved in Proposition 18 at the June 5, 1984, election.) - 5096.300. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
This chapter is known as the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act).
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.300. This chapter shall be known, and may be cited, as the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act). (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.301. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
This section says the act is intended to revive state stewardship of natural resources by investing in neighborhood parks, state parks, clean water protection, and coastal beaches and scenic areas.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.301. Responding to the recreational and open-space needs of a growing population and expanding urban communities, this act will revive state stewardship of natural resources by investing in neighborhood parks and state parks, clean water protection, and coastal beaches and scenic areas. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.302. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
This section states legislative findings about the importance of California parks, clean water, clean air, and coastal protection, and says the act will help address related funding and maintenance needs.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.302. The Legislature finds and declares all of the following: (a) Historically, California’s local and neighborhood parks often serve as the recreational, social, and cultural centers for cities and communities, providing venues for youth enrichment, senior activities, and family recreation. (b) Neighborhood and state parks provide safe places to play in the urban neighborhoods, splendid scenic landscapes, exceptional experiences, and world-recognized recreational opportunities, and in so doing, are vital to California’s quality of life and economy. (c) For over a decade, the state’s commitment to parks and natural resources has dwindled. California has not kept pace with the needed funding to adequately manage and maintain its multibillion dollar investment in neighborhood, urban, and state parks and natural areas resulting in disrepair and overcrowding of many park facilities and the degradation of wild lands. (d) The magnificent Pacific Coast, outstanding mountain ranges, and unique scenic regions are the source of tremendous economic opportunity and contribute enormously to the quality of life of Californians. (e) Continued economic success and enjoyment derived from California’s natural resources depends on maintaining clean water, healthy ecosystems, and expanding public access for a growing state. (f) The backlog of needs for repair and maintenance of local and urban parks exceeds two billion five hundred million dollars and the need for maintenance of state parks exceeds one billion dollars. The state’s conservancies and wildlife agencies report a need for habitat acquisition and restoration exceeding $1.8 billion. (g) This act will begin to address these critical neighborhood park and natural resources needs. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.303. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
The Legislature states that air pollution is a major problem in California and that forests, trees, parks, open space, and tree planting projects can improve air quality and quality of life.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.303. The Legislature further finds and declares all of the following: (a) Air pollution continues to be a major problem in California which harms the health of our residents, costs our economy billions of dollars related to health care costs, reduced agricultural productivity, and damage to our infrastructure, and otherwise decreases the quality of life in our state. (b) Forests and trees improve air quality by removing carbon dioxide, particulates, and other pollutants from the air, and by producing oxygen. (c) Park, open-space, and tree planting projects also improve air quality and decrease congestion by reducing sprawl, improving the quality of life in areas that are already developed by helping local agencies implement sound land use plans that promote energy efficiency, and by providing incentives to reduce development in inappropriate areas. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.306. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
The Legislature states that agencies receiving these bond funds should, whenever possible, fully consider using recycled and reusable products when carrying out the funded activity.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.306. It is the intent of the Legislature to strongly encourage every state or local government agency receiving the bond funds allocated pursuant to this chapter for an activity to give full and proper consideration to the use of recycled and reusable products whenever possible with regard to carrying out that activity. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.307. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
Projects funded under this chapter must comply with CEQA, and land bought with chapter funds must be purchased from a willing seller.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.307. (a) Every proposed activity to be funded pursuant to this chapter shall be in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (b) Lands acquired with funds allocated pursuant to this chapter shall be acquired from a willing seller of the land. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.3075. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
If the administering entity finds a funded project cannot be completed or has excess funds, the Legislature may reallocate those funds to other high-priority needs consistent with the act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.3075. Upon a finding by the administering entity that a particular project for which funds have been allocated cannot be completed, or that the funds are in excess of the total needed, the Legislature may reallocate those funds for other high priority needs consistent with this act. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.308. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
This section defines the terms used in the chapter, including acquisition, board, district, fund, program, secretary, stewardship, and related resource-stewardship terms.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.308. As used in this chapter, the following terms have the following meanings: (a) “Acquisition” means the acquisition from a willing seller of a fee interest or any other interest, including easements and development rights, in real property from a willing seller. (b) “Board” means the Secretary of the Resources Agency designated in accordance with subdivision (b) of Section 5096.362. (c) “Certified local community conservation corps programs” means programs operated by public or private nonprofit agencies pursuant to Section 14406. (d) “Committee” means the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Finance Committee created pursuant to subdivision (a) of Section 5096.362. (e) “District” means any 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, any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780), or an authority formed pursuant to Division 26 (commencing with Section 35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, “district” also means any other district that is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director, offers year-round park and recreation services on lands and facilities owned by the district, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities (f) “Fund” means the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund created pursuant to Section 5096.310. (g) “Historical resource” includes, but is not limited to, any building, structure, site area, place, artifact, or collection of artifacts that is historically or archaeologically significant in the cultural annals of California. (h) “Program” means the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Program established pursuant to this chapter. (i) “Secretary” means the Secretary of the Resources Agency. (j) (1) “Stewardship” means the development and implementation of projects for the protection, preservation, rehabilitation, restoration, and improvement of natural systems and outstanding features of the state park system and historical and cultural resources. Those efforts may not include activities that merely supplement normal park operations or that are usually funded from other sources. (2) (A) “Cultural resources stewardship” may include, but is not limited to, stabilization and protection of historical resources, including archaeological resources, in the state park system. Those resources may include sites, features, ruins, archaeological deposits, historical landscape resources, rock art features, and artifacts making up the physical legacy of California’s past. (B) “Cultural resources stewardship” does not include the rehabilitation, restoration, reconstruction, interpretation, or mitigation of historical resources typically required as part of a development program. (3) “Natural resources stewardship” may include, but is not limited to, such objectives as the control of major erosion and geologic hazards, the restoration and improvement of critical plant and animal habitat, the control and elimination of exotic species encroachment, the stabilization of coastal dunes and bluffs, and the planning necessary to implement those objectives. (k) “Wildlife conservation partnership” means a cooperative acquisition, restoration, or management of wildlife habitat for which the Wildlife Conservation Board provides matching funds to leverage other public, private, or nonprofit resources to maximize the conservation benefits to wildlife and wildlife habitat. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.309. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. )
Recipients of funding under this chapter must post signs acknowledging the source of the funds, following guidelines issued by the secretary.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.300 - 5096.309] ( Article 1 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.309. Pursuant to guidelines issued by the secretary, all recipients of funding pursuant to this chapter shall post signs acknowledging the source of the funds. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.310. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 2. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Program [5096.310- 5096.310.] ( Article 2 added by Stats. 1999, Ch. 461, Sec. 1. )
Bond proceeds must be placed into a created bond fund, and the fund money is available for legislative appropriation only for parks and resources improvement, subject to one subdivision exception.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 2. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Program [5096.310- 5096.310.] ( Article 2 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.310. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund, which is hereby created. Unless otherwise specified and except as provided in subdivision (m), the money in the fund shall be available for appropriation by the Legislature, in the manner set forth in this chapter, only for parks and resources improvement, in accordance with the following schedule: (a) The sum of five hundred two million seven hundred fifty thousand dollars ($502,750,000) to the department for the following purposes: (1) To rehabilitate, restore, and improve units of the state park system that will ensure that state park system lands and facilities will remain open and accessible for public use. (2) To develop, improve, rehabilitate, restore, enhance, and protect facilities and trails at existing units of the state park system that will provide for optimal recreational and educational use, activities, improved access and safety, and the acquisition from a willing seller of inholdings and adjacent lands. Adjacent lands are lands contiguous to, or in the immediate vicinity of, existing state park system lands and that directly benefit an existing state park system unit. (3) For stewardship of the public investment in the preservation of the critical natural heritage and scenic features, and cultural heritage stewardship projects that will preserve vanishing remnants of California’s landscape, and protect and promote a greater understanding of California’s past, and the planning necessary to implement those efforts. (4) For facilities and improvements to enhance volunteer participation in the state park system. (5) To develop, improve, and expand interpretive facilities at units of the state park system, including educational exhibits and visitor orientation centers. (6) To rehabilitate and repair aging facilities at winter recreation facilities pursuant to the Sno-Park program, as provided for in Chapter 1.27 (commencing with Section 5091.01), that provide for improved public safety. (7) For projects that improve air quality related to the state park system, including, but not limited to, the purchase of low-emission or advanced technology vehicles and equipment and clean fuel distribution facilities that will avoid or reduce air emissions at state park facilities. (b) The sum of eighteen million dollars ($18,000,000) to the department to undertake stewardship projects, including cultural resources stewardship and natural resources stewardship projects, that will restore and protect the natural treasures of the state park system, preserve vanishing remnants of California’s landscape, and protect and promote a greater understanding of California’s past. (c) The sum of four million dollars ($4,000,000) to the department for facilities and improvements to enhance volunteer participation in the state park system. (d) The sum of twenty million dollars ($20,000,000) to the department for grants to local agencies administering units of the state park system under an operating agreement with the department, for the development, improvement, rehabilitation, restoration, enhancement, protection, and interpretation of lands and facilities of, and improved access to, those locally operated units. (e) The sum of ten million dollars ($10,000,000) to the department for purposes consistent with Section 5079.10, for competitive grants, in accordance with Section 5096.335. (f) The sum of three hundred eighty-eight million dollars ($388,000,000) to the department for grants, in accordance with Sections 5096.332, 5096.333, and 5096.336, on the basis of population, for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and interpretation of local park and recreational lands and facilities, including renovation of recreational facilities conveyed to local agencies resulting from the downsizing or decommissioning of federal military installations. (g) The sum of two hundred million dollars ($200,000,000) to the department for grants to cities, counties, and districts for the acquisition, development, rehabilitation, and restoration of park and recreation areas and facilities pursuant to the Roberti-Z’berg-Harris Urban Open-Space and Recreational Program Act (Chapter 3.2 (commencing with Section 5620)). (h) The sum of ten million dollars ($10,000,000) to the department for grants, in accordance with Section 5096.337, for the improvement or acquisition and restoration of riparian habitat, riverine aquatic habitat, and other lands in close proximity to rivers and streams for river and stream trail projects undertaken in accordance with Section 78682.2 of the Water Code, and for purposes of Section 7048 of the Water Code. (i) The sum of ten million dollars ($10,000,000) to the department for grants, in accordance with Section 5096.337, for the development, improvement, rehabilitation, restoration, enhancement, and interpretation of nonmotorized trails for the purpose of increasing public access to, and enjoyment of, public areas for increased recreational opportunities. Not less than one million five hundred thousand dollars ($1,500,000) of this amount shall be allocated toward the completion of a project that links existing bicycle and pedestrian trail systems to major urban public transportation systems, to promote increased recreational opportunities and nonmotorized commuter usage in the City of Whittier. Of this amount, no less than two hundred seventy-five thousand dollars ($275,000) shall be allocated to the East Bay Regional Park District toward the completion of the Iron Horse Trail. Of this amount, not less than one million dollars ($1,000,000) shall be allocated to a regional park district for the completion of a bike trial in the City of Concord. (j) The sum of one hundred million dollars ($100,000,000) to the department for grants to public agencies and nonprofit organizations for park, youth center, and environmental enhancement projects that benefit youth in areas that lack safe neighborhood parks, open space, and natural areas, and that have significant poverty. (k) The sum of two million five hundred thousand dollars ($2,500,000) to the California Conservation Corps to complete capital outlay and resource conservation projects and administrative costs allocable to the bond funded projects. (l) The sum of eighty-six million five hundred thousand dollars ($86,500,000) to the department for the following purposes: (1) The sum of seventy-one million five hundred thousand dollars ($71,500,000) for grants, in accordance with Sections 5096.339 and 5096.340, for urban recreational and cultural centers, including, but not limited to, zoos, museums, aquariums, and facilities for wildlife, environmental, or natural science aquatic education or projects that combine curation of archaeological, paleontological, and historic resources with education and basic and applied research, and that emphasize specimens of California’s extinct prehistoric plants and animals. (2) The sum of fifteen million dollars ($15,000,000) for grants for regional youth soccer and baseball facilities operated by nonprofit organizations. Priority shall be given to those grant projects that utilize existing school facilities or recreation facilities and serve disadvantaged youth. (m) Notwithstanding Section 13340 of the Government Code, the sum of two hundred sixty-five million five hundred thousand dollars ($265,500,000) is, except as provided in Section 5096.350, hereby continuously appropriated to the Wildlife Conservation Board, without regard to fiscal years, in accordance with Section 5096.350. (n) The sum of fifty million dollars ($50,000,000) to the California Tahoe Conservancy, in accordance with Section 5096.351. (o) The sum of two hundred twenty million four hundred thousand dollars ($220,400,000) to the State Coastal Conservancy, in accordance with Section 5096.352. (p) The sum of thirty-five million dollars ($35,000,000) to the Santa Monica Mountains Conservancy, in accordance with Section 5096.353. (q) The sum of five million dollars ($5,000,000) to the Coachella Valley Mountains Conservancy, in accordance with Section 5096.354. (r) The sum of fifteen million dollars ($15,000,000) to the San Joaquin River Conservancy, in accordance with Section 5096.355. (s) The sum of twelve million five hundred thousand dollars ($12,500,000) to the California Conservation Corps for grants for the certified local community conservation corps program to complete capital outlay and resource conservation projects. (t) The sum of twenty-five million dollars ($25,000,000) to the Department of Conservation in accordance with Section 5096.356. (u) The sum of ten million dollars ($10,000,000) to the Department of Forestry and Fire Protection for urban forestry programs in accordance with Section 4799.12. The grants made pursuant to this subdivision shall be for costs associated with the purchase and planting of trees, and up to three years of care which ensures the long-term viability of those trees. (v) Notwithstanding Section 711 of the Fish and Game Code, the sum of twelve million dollars ($12,000,000) to the Department of Fish and Game for the following purposes: (1) The sum of five million dollars ($5,000,000) for expenditure in accordance with subdivision (a) of Section 5096.357. (2) The sum of five million dollars ($5,000,000) for expenditure in accordance with subdivision (b) of Section 5096.357. (3) The sum of two million dollars ($2,000,000) to remove nonnative vegetation harmful to ecological reserves in San Diego County. (w) The sum of thirty million dollars ($30,000,000) shall be available for purposes of Chapter 4.5 (commencing with Section 31160) of Division 21. Two hundred fifty thousand dollars ($250,000) shall be allocated to Mount Diablo State Park. (x) The sum of seven million dollars ($7,000,000) to the California Integrated Waste Management Board for grants to local agencies to assist them in meeting state and federal accessibility standards relating to public playgrounds if the local agency guarantees that 50 percent of the grant funds will be used for the improvement or replacement of playground equipment or facilities through the use of recycled materials and that matching funds in an amount equal to not less than 50 percent of the total amount of those grant funds will be provided through either public or private funds or in-kind contributions. The board may reduce this matching fund requirement to not less than 25 percent if it determines that the 50-percent requirement would impose an extreme financial hardship on the local agency applying for the grant. The board may expend the funds allocated pursuant to this subdivision, upon appropriation by the Legislature, for the purposes specified herein. (y) The sum of fifteen million dollars ($15,000,000) to a city for rehabilitation, restoration, or enhancement to a city park that is over 1,000 acres that serves an urban area of over 750,000 population in northern California and that provides recreational, cultural, and scientific resources. (z) (1) The sum of six million two hundred fifty thousand dollars ($6,250,000) to the secretary to administer grants to the Sierra Nevada-Cascade Program, in accordance with Section 5096.347. (2) The sum of thirty-three million five hundred thousand dollars ($33,500,000) to the secretary to administer a river parkway and restoration program to assist local agencies and other districts to plan, create, and conserve river parkways. The secretary shall make funds available in accordance with Sections 7048 and 78682.2 of the Water Code, and any other applicable authority, for the following purposes: (A) Twenty-five million dollars ($25,000,000) for the acquisition or restoration of public lands within the Los Angeles River Watershed, the San Gabriel River Watershed, and the San Gabriel Mountains and to provide open space, nonmotorized trails, bike paths, and other low-impact recreational uses and wildlife and habitat restoration and protection. Ten million dollars ($10,000,000) shall be allocated for the Los Angeles River Watershed, and fifteen million dollars ($15,000,000) shall be allocated for the San Gabriel River Watershed and the San Gabriel Mountains and lower Los Angeles River. (B) Two million five hundred thousand dollars ($2,500,000) for river parkway projects along the Kern River between the mouth of the Kern Canyon and I-5. (C) One million dollars ($1,000,000) for land acquisition in the Santa Clarita Watershed. (D) Three million dollars ($3,000,000) for watershed, riparian, and wetlands restoration along the Sacramento River in Yolo, Glenn, and Colusa Counties. (E) Two million dollars ($2,000,000) for the construction of a visitor center at a state recreation area encompassing a body of water along the American River. (3) The sum of two million dollars ($2,000,000) to the secretary for resource conservation and urban water recycling that addresses multicounty regional recreational needs, provides habitat restoration, and enjoys joint sponsorship by multiple local agencies and nonprofit organizations in the County of Sonoma. (4) The sum of one million one hundred thousand dollars ($1,100,000) to the secretary, one hundred thousand dollars ($100,000) of which shall be made available to fund a community center in San Benito County, one hundred thousand dollars ($100,000) of which shall be made available to fund a veterans park in San Benito County, five hundred thousand dollars ($500,000) of which shall be made available to fund a community center in the City of Galt, and four hundred thousand dollars ($400,000) of which shall be made available to fund a community center in the City of Gilroy. (5) The sum of two million dollars ($2,000,000) to the secretary for Camp Arroyo in Alameda County. (6) The sum of one million dollars ($1,000,000) to the secretary to construct a rehabilitation center for injured endangered and indigenous wild animals at the Wildhaven Center in the San Bernardino Mountains. (Added by Stats. 1999, Ch. 638, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.320. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. )
Projects approved by the secretary must be forwarded to the Director of Finance for inclusion in the Budget Bill.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.320. The Legislature hereby recognizes that public financial resources are inadequate to meet all capital outlay needs of the state park system and that the need for the acquisition, development, restoration, rehabilitation, improvement, and protection of state park system lands and facilities has increased to the point that their continued well-being and the realization of their full public benefit is in jeopardy. Projects approved by the secretary shall be forwarded by the secretary to the Director of Finance for inclusion in the Budget Bill. (Amended by Stats. 2012, Ch. 728, Sec. 143. (SB 71) Effective January 1, 2013. Note: This section was added by Stats. 1999, Ch. 461, and approved in Prop. 12 on March 7, 2000.) - 5096.322. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. )
The director must determine the funding needed for deferred maintenance projects by November 1, 2001, and bond proceeds generally cannot be used to buy improved property until 75% of that amount has been appropriated and allocated, except in a special director-approved case.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.322. (a) No later than November 1, 2001, the director shall determine the amount of funding that is necessary to complete all deferred maintenance projects within each unit of the state park system. (b) Except as provided in subdivision (c), no proceeds of the bonds issued and sold pursuant to this chapter may be used to acquire improved property for a unit of the state park system until 75 percent of the amount determined pursuant to subdivision (a) has been appropriated, and allocated to complete deferred maintenance projects within that unit from an appropriated funding source other than the proceeds of the bonds issued and sold pursuant to this chapter. (c) Real property may be acquired under this chapter for a unit of the state park system that does not meet the requirements of subdivision (b) only if the director finds, with respect to that unit, that a unique opportunity is presented to acquire real property that will constitute a significant improvement of the state park system. (d) As used in this section, “deferred maintenance project” means any project identified in the department’s 2001 Deferred Maintenance Assessment that rehabilitates or repairs a facility to a safe and usable condition for the visiting public. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.323. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. )
$50 million must be spent to acquire land from willing sellers for state parks and habitat purposes, with priority for projects that protect rare, threatened, or endangered species.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.323. Fifty million dollars ($50,000,000) of the funds allocated pursuant to subdivision (a) of Section 5096.310 shall be expended for the acquisition of land from willing sellers that are a high priority for both the state parks system and for habitat purposes, with priority given to projects that protect habitat for rare, threatened, or endangered species pursuant to a natural community conservation plan adopted pursuant to Chapter 10 (commencing with Section 2800) of Division 10 of the Fish and Game Code, if the acquisition of the land is conducted in conjunction with a natural community conservation plan approved by the Department of Fish and Game prior to January 1, 1999, or if the acquisition is approved by statute. Notwithstanding paragraph (2) of subdivision (a) of Section 5096.310, those land acquisitions may be for either new or existing units of the state park system. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.324. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. )
The department must make appropriated funds available for specified park and resource projects, and it must prioritize certain projects and give preference to projects with matching contributions.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 3. State Park System Program [5096.320 - 5096.324] ( Article 3 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.324. Funds appropriated to the department pursuant to subdivision (a) of Section 5096.310 shall be made available for the following purposes: (a) The sum of fifteen million dollars ($15,000,000) to preserve and restore a unit of the state parks system that preserves and restores cultural and historical immigration resources in northern California. (b) The sum of two million six hundred thousand dollars ($2,600,000) to construct visitor centers in state parks, state recreation areas, and state historic parks. The department shall give priority to projects at Chino Hills State Park and California Citrus State Historic Park. (c) Up to six hundred fifty thousand dollars ($650,000) for playground equipment upgrades in state recreation areas. (d) The sum of two hundred fifty thousand dollars ($250,000) for restoration of state reserves that maintain the state flower. (e) The sum of one million dollars ($1,000,000) for restoration of state beaches. (f) The sum of five million dollars ($5,000,000) for restoration, study, and curation of paleontological, archaeological, and historical resource site protection. Priority shall be given to projects that combine curation of archaeological, paleontological, and historical resources with education and basic and applied research, and that emphasize specimens of California’s extinct prehistoric plants and animals. (g) The sum of two million seven hundred fifty thousand dollars ($2,750,000), two million five hundred thousand dollars ($2,500,000) of which shall be allocated for capital outlay projects at the Empire Mine State Historic Park, and two hundred fifty thousand dollars ($250,000) of which shall be allocated for Columbia State Historic Park. (h) The sum of ten million dollars ($10,000,000) for the acquisition of lands from willing sellers of lands that are forested with redwoods or that will enhance the protection or preservation of the redwood forest ecosystem. The department shall give preference to projects where matching contributions in funding from other public agencies, private parties, or nonprofit organizations are available. (i) Up to five hundred thousand dollars ($500,000) to construct trails, trailheads, and parking, and to provide nonvehicular public access between the Bear and Mendoza Ranch open space and adjacent Henry Coe State Park. (Added by Stats. 1999, Ch. 638, Sec. 2. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.331. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
Funds allocated to local agencies should be used primarily for specified park and recreation projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.331. The Legislature hereby recognizes that public financial resources are inadequate to meet all of the funding needs of local public park and recreation providers and that there is an urgent need for safe, open, and accessible local park and recreational facilities and for the increased recreational opportunities that provide positive alternatives to social problems. Accordingly, it is declared to be the policy of this state that the funds allocated pursuant to subdivisions (f) and (g) of Section 5096.310 to local agencies shall be appropriated primarily for projects that accomplish all of the following: (a) Rehabilitate facilities at existing local parks that will provide for more efficient management and reduced operational costs. This may include grants to local agencies for the renovation of recreational facilities conveyed to local agencies resulting from the downsizing and decommissioning of federal military installations. (b) Develop facilities that promote positive alternatives for youth and that promote cooperation between local park and recreation service providers and youth-serving nonprofit organizations. (c) Promote family oriented recreation, including art activities. (d) Provide for open, safe, and accessible local park lands, facilities, and botanical gardens. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.332. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
This section sets how certain grant funds are split among cities and some districts, guarantees a minimum $30,000 allocation, and requires overlapping jurisdictions to work out a plan by April 1, 2001.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.332. (a) Sixty percent of the total funds available for grants pursuant to subdivision (f) of Section 5096.310 shall be allocated to cities and to districts other than a regional park district, regional park and open-space district, or regional open-space district. Each city’s and district’s allocation shall be in the same ratio as the city’s or district’s population is to the combined total of the state’s population that is included in incorporated areas and unincorporated areas within the district, except that each city or district shall be entitled to a minimum allocation of thirty thousand dollars ($30,000). In any instance in which the boundary of a city overlaps the boundary of such a district, the population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. In any instance in which the boundary of a city overlaps the boundary of such a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds shall be allocated to the district. (b) Each city and each district subject to subdivision (a) whose boundaries overlap shall develop a specific plan for allocating the grant funds in accordance with the formula specified in subdivision (a). If, by April 1, 2001, the plan has not been agreed to by the city and district and submitted to the department, the director shall determine the allocation of the grant funds among the affected jurisdictions. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.333. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
This section sets how grant money is allocated among counties and certain park/open-space entities, including a minimum county allocation of $150,000.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.333. (a) Forty percent of the total funds available for grants pursuant to subdivision (f) of Section 5096.310 shall be allocated to counties and regional park districts, regional park and open-space districts, or regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3. (b) Each county’s allocation under subdivision (a) shall be in the same ratio as the county’s population, except that each county shall be entitled to a minimum allocation of one hundred fifty thousand dollars ($150,000). (c) In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, or regional open-space district, whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district. (d) In any county that currently embraces all or a part of the territory of a regional open-space district and an authority formed pursuant to Division 26 (commencing with Section 35100), the allocation shall be distributed between the county and these entities as follows: (1) First, the funds shall be apportioned between the district and the county in proportion to the population of the county that is included within the territory of the district, and the proportion of the population of the county that is outside the district. The amounts resulting from this calculation shall be known as the district’s share, and the county’s first balance. The district’s share shall be allocated to the district. The county’s first balance shall be further apportioned as provided in paragraph (2). (2) The county’s first balance, as determined in accordance with paragraph (1), shall be further apportioned between the authority and the county in proportion to the population of the county that is included within the territory of the authority, and the proportion of the population of the county that is outside the authority. The amounts resulting from this calculation shall be known as the authority’s share, and the county’s second balance. (3) The authority’s share shall be divided equally between the county and the authority. The county shall receive all of the county’s second balance. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.334. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
For certain population-based park grant funds in counties of 5 million or more people, at least 75% must be reserved for listed project categories, including youth recreation, disadvantaged-area projects, urban reforestation, and limited park-conversion projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.334. Notwithstanding Section 5096.331, of the funds allocated on the basis of population pursuant to subdivision (f) of Section 5096.310 within counties with a population of five million persons or more, not less than 75 percent of the total amount shall be available as follows: (a) Not less than 20 percent for land acquisition, construction, development, and rehabilitation of at-risk youth recreation facilities. As used in this section, “at-risk youth” means persons who have not attained the age of 21 years and are at high risk of being involved in, or are involved in, one or more of the following: gangs, juvenile delinquency, criminal activity, substance abuse, adolescent pregnancy, or school failure or dropout. (b) Not less than 40 percent for projects within the most economically disadvantaged areas, which may include projects along river parkways, conservation corridors, and parkways along corridors of economic significance. (c) Not less than 10 percent for urban reforestation projects. (d) Not more than 5 percent for projects that convert publicly owned land to a neighborhood park providing open-space, recreational, cultural, and festival opportunities, if the bond proceeds do not exceed 25 percent of the total project cost and there is a 75 percent funding match. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.335. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
The State Office of Historic Preservation must administer these funds and make them available as competitive grants to certain local public entities and nonprofit organizations.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.335. Funds authorized pursuant to subdivision (e) of Section 5096.310 shall be administered by the State Office of Historic Preservation and shall be available as grants, on a competitive basis, to cities, counties, districts, local agencies formed for park purposes pursuant to a joint powers agreement between two or more local entities, and nonprofit organizations for the acquisition, development, rehabilitation, restoration, and interpretation of historical resources. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.336. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
This section allocates grant money for park and recreation funding to cities, counties, and districts, with part of the money set aside for cities and districts in urbanized counties that serve jurisdictions of 200,000 people or less.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.336. (a) Of the funds authorized pursuant to subdivision (f) of Section 5096.310, three hundred thirty-eight million dollars ($338,000,000) shall be available for grants to cities, counties, and districts on the basis of their populations, as determined by the department in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other population data that the department may require to be furnished by the applicant city, county, or district. (b) Of the funds authorized pursuant to subdivision (f) of Section 5096.310, fifty million dollars ($50,000,000) available for grants pursuant to subdivision (f) of Section 5096.310 shall be allocated to cities and districts in urbanized counties providing park and recreation services within jurisdictions of 200,000 or less in population. For purposes of this subdivision, “urbanized counties” means a county with a population of 200,000 or greater. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.337. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
Specified bond-act funds are available as competitive grants to cities, counties, districts, local park agencies formed through a joint powers agreement, and other qualifying districts.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.337. (a) Funds authorized pursuant to subdivisions (h), (i), and (z) of Section 5096.310 shall be available as grants, on a competitive basis, to cities, counties, districts, local agencies formed for park purposes pursuant to a joint powers agreement as defined in subdivision (b), and other districts, as defined in subdivision (c). (b) For purposes of this section, “local agency” means any local agency formed for park purposes pursuant to a joint powers agreement between two or more local entities, excluding school districts. (c) For purposes of this section, “other districts” include any district authorized to provide park, recreational, or open-space services, or a combination of those services, except a school district. (Added by Stats. 1999, Ch. 638, Sec. 3. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.338. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
The allocated funds become available after annual Budget Act appropriation for designated grant programs and related administrative costs, and at least 50% must go to grants for local public agencies and districts.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.338. The funds allocated pursuant to subdivision (j) of Section 5096.310 shall, upon appropriation in the annual Budget Act, be available for existing or new entities or programs designated by statute for grants to public agencies and nonprofit organizations, and for related administrative costs. At least 50 percent of the funds shall be available for grants to local public agencies and districts. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.339. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
This section allocates specified portions of bond funds to zoo, aquarium, science, museum, and related projects, and sets conditions and caps for some grants.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.339. (a) Not less than 11 percent of the funds authorized in paragraph (1) of subdivision (l) of Section 5096.310 shall be available as grants administered by the department to cities, counties, and nonprofit organizations for the development, rehabilitation, or restoration of facilities accredited by the American Zoo and Aquarium Association (AZA) and operated by cities, counties, and nonprofit organizations, and to cities, counties, and nonprofit organizations for the development, rehabilitation, or restoration of zoos and aquariums operated by cities, counties, and nonprofit organizations, but not yet accredited by the AZA. This program shall be known, and may be cited, as the Dr. Paul Chaffee Zoological Program. Allocation in awarding grants pursuant to this section shall be in accordance with the following schedule: (1) Individual grants of up to one million dollars ($1,000,000), or an amount to be determined by dividing 95 percent of the total zoo and aquarium funds available pursuant to this subdivision by the number of AZA accredited institutions at the time of enactment of this section, shall be made available to zoos and aquariums that are AZA accredited. (2) Not less than 20 percent or two million dollars ($2,000,000), whichever is greater, of the funds available pursuant to this subdivision shall be reserved for institutions with annual operating budgets of less than one million dollars ($1,000,000). (3) Not more than 5 percent of the total funds available pursuant to this subdivision, shall be made available as grants to zoos and aquariums that have initiated the AZA accreditation process but are not yet accredited at the time of the enactment of this section. Grants awarded under this subdivision shall be dedicated to projects that will enhance the institution’s ability to meet standards of AZA accreditation. (4) Not more than 5 percent of the total funds available pursuant to this subdivision shall be granted for publicly owned or nonprofit zoos and wildlife centers that may not be accredited, but that care for animals that have been injured or abandoned and that cannot be returned to the wild. To be eligible for this portion of those funds, applicants shall demonstrate that they serve a regional area, foster the environmental relationships of animals within that region, and operate outreach and onsite programs communicating those objectives to the public. (b) At least ten million dollars ($10,000,000) of the funds allocated pursuant to paragraph (1) of subdivision (l) of Section 5096.310 shall be provided to the California Science Center for implementation of the Exposition Master Plan. Three million dollars ($3,000,000) of this amount shall be made available to the California African American Museum for completion of its education and visitor facility in Exposition Park and seven million dollars ($7,000,000) of this amount shall be made available for the California Science Center School. (c) Not less than five hundred thousand dollars ($500,000) of the funds allocated pursuant to paragraph (1) of subdivision (l) of Section 5096.310 shall be available as grants for facilities for education programs focused on the National Marine Sanctuaries along California’s coast. (d) Not less than forty-four million seven hundred fifty thousand dollars ($44,750,000) of the funds allocated pursuant to paragraph (1) of subdivision (l) of Section 5096.310 shall be made available for the following purposes: (1) At least ten million dollars ($10,000,000) shall be provided to the Discovery Science Center in Santa Ana for capital improvement. (2) At least ten million dollars ($10,000,000) shall be provided to the California Academy of the Sciences for capital improvement projects. (3) At least two million dollars ($2,000,000) shall be provided toward the creation of the Delta Science Center to carry out significant marine and delta aquatic education and interpretive programs. (4) At least fifteen million dollars ($15,000,000) shall be provided to the Alliance of Redding Museums for capital improvements for the Turtle Bay-Museums and the Arboretum on the River. (5) An individual grant of four million two hundred fifty thousand dollars ($4,250,000) shall be made to the Department of Food and Agriculture for capital outlay to assist with an approved contract entered into on or before January 1, 2000, for an exposition or state fair relocation in any county with a population greater than 5,000,000. (6) The sum of three million five hundred thousand dollars ($3,500,000) to enhance the two-acre historical exhibit at the Kern County Museum. (Amended by Stats. 2024, Ch. 559, Sec. 79. (AB 2143) Effective January 1, 2025.) - 5096.340. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
This section sets aside at least 11% of certain funds for competitive grants and sets eligibility and priority rules for projects, including a legislative nomination step and department review.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.340. (a) Not less than 11 percent of the funds authorized in paragraph (1) of subdivision (l) of Section 5096.310 shall be available as grants on a competitive basis to cities, counties, and nonprofit organizations for the development or rehabilitation of real property consisting of urban recreational and cultural centers, museums, and facilities for wildlife education or environmental education. (b) To be eligible for funding, a project shall initially be nominated by a Member of the Legislature for study by the department. (c) In establishing priorities of projects, the department shall consider any favorable project characteristics, including, but not limited to, all of the following: (1) The project will interpret one or more important California historical, cultural, economic, or resource themes or an important historical, cultural, economic, technological, or resource theme in a major region of California. Higher priority shall be assigned to projects whose themes are not interpreted in any existing museum or have demonstrable deficiencies in their presentation in an existing museum. (2) The project is proposed to be operated on lands that are already in public ownership or on lands that will be acquired and used for the project in conjunction with adjoining public lands. (3) Projects that are closely related geographically to the resources, activity, structure, place, or collection of objects to be interpreted, and are close to population centers and access routes. (4) Projects that are in, or close to, population centers or are adjacent to, or readily served by, a state highway or other mode of public transportation. (5) Projects for which there are commitments, or the serious likelihood of commitments, of funds or the donation of land or other property suitable for the project. (d) The department shall annually forward a list of the highest priority projects to the Department of Finance for inclusion in the Budget Bill. (e) An application for a grant for a cooperative museum project shall be submitted jointly by the city, county, or other public agency, an institute of higher learning, or a nonprofit organization that cooperatively is operating, or will operate, the project. (Amended by Stats. 2012, Ch. 728, Sec. 144. (SB 71) Effective January 1, 2013. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.341. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
This section sets grant-application and grant-use rules for the director, applicants, the department, recipients, and grantees.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.341. (a) The director shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310. Individual applications for funds shall be submitted to the department for approval as to their conformity with the requirements of this chapter. The application shall be accompanied by certification from the planning agency of the applicant that the project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan or the district park and recreation plan, as the case may be, and will satisfy a high priority need. To utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions are encouraged to combine projects and submit a joint application. (b) Any applicant may allocate all or a portion of its per capita share for a regional or state project. (c) The director shall annually forward a statement of the total amount to be appropriated in each fiscal year for projects approved for grants pursuant to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310 to the Director of Finance for inclusion in the Budget Bill. A list of eligible jurisdictions and the amount of grant funds to be allocated to each shall also be made available by the department. (d) (1) Funds appropriated for grants pursuant to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310 shall be encumbered by the recipient within three years from the date that the appropriation became effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation. (2) Commencing with the Budget Bill for the 2009–10 fiscal year, any grant funds appropriated pursuant to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310 that have not been expended by the grantee shall revert to the fund and be available for appropriation by the Legislature for one or more of the categories specified in Section 5096.310 that the Legislature determines to be of the highest priority statewide. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.342. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
Grant funds may be used only for projects on land owned by or controlled by the grantee, and applicants without fee title must show the department that the project’s public benefits match their land interest.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.342. (a) Grant funds appropriated pursuant to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310 may be expended by the grantee only for projects on lands owned by, or subject to a lease or other interest held by, the grantee. (b) If a grant applicant does not have fee title to the lands, the applicant shall demonstrate 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 land that is held by the applicant. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.343. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
Grant funds cannot be disbursed unless the applicant signs written commitments to maintain and operate the property and to use it only for the grant purpose, with limited exceptions.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.343. (a) Except as provided in subdivision (c), no grant funds authorized pursuant to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310 may be disbursed unless the applicant has agreed, in writing, to both of the following: (1) To maintain and operate the property funded pursuant to this chapter for a period that is commensurate with the type of project and the proportion of state funds and local matching funds or property allocated to the capital costs of the project. With the approval of the department, the grantee, or the grantee’s successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. (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 specific act of the Legislature. (b) The agreements specified in subdivision (a) shall not prevent the transfer of the property from the applicant to a public agency, if the successor public agency assumes the obligations imposed by those agreements. (c) If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the grantee for a purpose authorized by that category, pursuant to agreement with the department as specified in subdivision (a), or shall be reimbursed to the fund and be available for appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, 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 is greater, shall be used by the grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the department as specified in subdivision (a), or shall be reimbursed to the fund and be available for appropriation by the Legislature only for a use authorized by that category. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.344. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
An appropriate departmental director may accept certain conditioned gifts and grants for the state if the Director of Finance approves.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.344. All grants, gifts, devises, or bequests to the state, that are conditioned upon being used for park, conservation, recreational, agricultural, or other such purposes, may be accepted and received on behalf of the state by the appropriate departmental director, with the approval of the Director of Finance, and those grants, gifts, devises, or bequests may be available, upon appropriation by the Legislature, for expenditure for the purposes specified in Section 5096.310. (Added by Stats. 1999, Ch. 638, Sec. 5. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.345. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. )
Most appropriations for this program must be put into the Budget Bill, labeled with the Act’s fund name, and broken out into separate items by project or program element.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4. Grant Program [5096.331 - 5096.345] ( Article 4 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.345. Except for funds continuously appropriated by this chapter, all appropriations of funds pursuant to Section 5096.310 for purposes of the program shall be included in the Budget Bill for the 2001–02 fiscal year, and each succeeding fiscal year, for consideration by the Legislature, and shall bear the label “Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Fund.” The Budget Bill section shall contain separate items for each project, each class of project, or each element of the program for which an appropriation is made. (Added by Stats. 1999, Ch. 638, Sec. 6. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.346. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4.5. Clean Air Improvement Program [5096.346- 5096.346.] ( Article 4.5 added by Stats. 1999, Ch. 461, Sec. 1. )
The Department of Forestry and Fire Protection must favor tree planting and urban forestry projects with greater air quality and energy conservation benefits, consult with the State Air Resources Board on grant guidelines, and state and local agencies must consider air quality benefits when allocating funds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4.5. Clean Air Improvement Program [5096.346- 5096.346.] ( Article 4.5 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.346. (a) In allocating funds pursuant to subdivision (u) of Section 5096.310, the Department of Forestry and Fire Protection shall give preference to the planting of trees that provide greater air quality benefits and to urban forestry projects that provide greater energy conservation benefits. (b) The Department of Forestry and Fire Protection shall consult with the State Air Resources Board in developing guidelines for the allocation of grant funds pursuant to subdivision (u) of Section 5096.310 that promote air quality benefits. (c) State and local agencies shall consider potential air quality benefits when allocating funds received pursuant to this chapter. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.347. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4.6. Sierra Nevada-Cascade Mountain Region [5096.347- 5096.347.] ( Article 4.6 added by Stats. 1999, Ch. 461, Sec. 1. )
The secretary must administer and distribute grants for Sierra Nevada-Cascade conservation and recreation projects, and may provide certain capital outlay grants.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4.6. Sierra Nevada-Cascade Mountain Region [5096.347- 5096.347.] ( Article 4.6 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.347. (a) The Legislature hereby finds and declares that the Sierra Nevada and Cascade Mountain Region constitutes a unique and important environmental, anthropological, cultural, scientific, educational, recreational, scenic, water, watershed, and wildlife resource that should be held in trust for the enjoyment of, and appreciated by, present and future generations. (b) The secretary shall administer grants to the Sierra Nevada-Cascade Program to assist local governments, agencies, districts, and nonprofit organizations working in collaboration with those local governments, agencies, and districts to plan, create, and conserve the Sierra-Cascade natural ecosystem. The secretary shall make funds available on a competitive basis for all of the following activities: (1) The acquisition and restoration of riparian habitat in accordance with Sections 7048 and 78682.2 of the Water Code to improve water quality, and to protect, restore, or rehabilitate watersheds, streams wetlands, or other aquatic habitat. (2) Capital improvement projects that provide park and recreational opportunities. (3) Access to trails and public lands, in accordance with Article 6 (commencing with Section 5070) of Chapter 1 of Division 5. (4) Acquisition of park lands or recreational facilities. (c) The secretary shall give priority to fund up to two million dollars ($2,000,000) for Commons Beach improvements on properties owned or administered by local agencies in the Lake Tahoe area, that will provide improved lake access, bicycle and pedestrian trail linkages, and interpretative facilities. (d) The secretary may provide the following capital outlay grants: (1) Five hundred thousand dollars ($500,000) for capital outlay to an incorporated city all or part of the territory of which is located within five miles of the boundary line between San Joaquin County and Sacramento County. (2) Two hundred fifty thousand dollars ($250,000) to the department for the renovation of a state historical point of interest near the intersection of Jack Tone Road and State Highway 88. (e) For the purposes of this article, the Sierra Nevada-Cascade Mountain Region includes those portions of Fresno County, Kern County, Stanislaus County, and Tulare County, and counties with populations of less than 250,000 as of the 1990 United States Census, that are located in the mountains, the foothills, and the area adjacent to the geologic formations of the Sierra Nevada and Cascade mountain ranges. (Added by Stats. 1999, Ch. 638, Sec. 7. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.348. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4.7. Murray-Hayden Urban Parks and Youth Service Program [5096.348- 5096.348.] ( Article 4.7 added by Stats. 1999, Ch. 461, Sec. 1. )
This section directs how certain bond funds are to be allocated for eligible parks and youth service projects, with priority for projects that employ neighborhood residents and at-risk youth.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 4.7. Murray-Hayden Urban Parks and Youth Service Program [5096.348- 5096.348.] ( Article 4.7 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.348. (a) Notwithstanding any other provision of this chapter, funds allocated pursuant to subdivision (j) of Section 5096.310 shall be allocated, upon appropriation by the Legislature, for parks, park facilities, or environmental youth service centers that are within the immediate proximity of a neighborhood that has been identified by the department as having a critical lack of park or open-space lands or deteriorated park facilities, that are in an area of significant poverty and unemployment, and that have a shortage of services for youth. Priority shall be given to capital projects that employ neighborhood residents and at-risk youth. (b) (1) Fifty percent of the funds allocated pursuant to subdivision (j) of Section 5096.310 shall be made available on a competitive basis to heavily urbanized counties and cities or to nonprofit organizations or park districts in those counties and cities, in compliance with subdivision (a) and the matching requirements of the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620). (2) No more than 10 percent of the amounts made available pursuant to paragraph (1) shall be allocated to fund grants pursuant to Chapter 2.5 (commencing with Section 990) of Part 1 of Division 2 of the Welfare and Institutions Code, at least 50 percent of which shall be granted to youth service organizations eligible for tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code that are chartered by a national youth service organization. (Added by Stats. 1999, Ch. 638, Sec. 8. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.350. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 5. Wildlife Program [5096.350- 5096.350.] ( Article 5 added by Stats. 1999, Ch. 461, Sec. 1. )
This section allocates bond funds to the Wildlife Conservation Board for specified wildlife, habitat, and restoration projects, and limits some uses of those funds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 5. Wildlife Program [5096.350- 5096.350.] ( Article 5 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.350. (a) Funds appropriated pursuant to subdivision (m) of Section 5096.310 shall be available for expenditure by the Wildlife Conservation Board for the acquisition, development, rehabilitation, restoration, and protection of real property benefiting fish and wildlife, for the acquisition, restoration, or protection of habitat that promotes recovery of threatened, endangered, or fully protected species, maintains the genetic integrity of wildlife populations, and serves as corridors linking otherwise separate habitat to prevent habitat fragmentation, and for grants and related state administrative costs pursuant to the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code), for the following purposes: (1) Ten million dollars ($10,000,000) for the acquisition or restoration of wetland habitat, as follows: (A) Five million dollars ($5,000,000) for the acquisition, preservation, restoration, and establishment, or any combination thereof, of habitat for waterfowl or other wetlands-associated wildlife, as provided for in the Central Valley Habitat Joint Venture Component of the North American Waterfowl Management Plan and the Inland Wetlands Conservation Program, notwithstanding Section 711 of the Fish and Game Code. Preference shall be given to projects involving the acquisition of perpetual conservation easements; habitat development projects on lands which will be managed primarily as waterfowl habitat in perpetuity; waterfowl habitat development projects on agricultural lands; the reduction of fishery impacts resulting from supply diversions that have a direct benefit to wetlands and waterfowl habitat; or programs to establish permanent buffer areas, including, but not limited to, agricultural lands that are necessary to preserve the acreage and habitat values of existing wetlands. (B) Five million dollars ($5,000,000) for the acquisition, development, restoration, and protection of wetlands and adjacent lands, or any combination thereof, located outside the Sacramento-San Joaquin Valley. (2) Ten million dollars ($10,000,000) for the development, acquisition from a willing seller, or restoration of riparian habitat and watershed conservation programs. (3) Forty-five million dollars ($45,000,000), upon appropriation by the Legislature, for the restoration, or acquisition from a willing seller, of habitat for threatened and endangered species or for the purpose of promoting the recovery of those species. Five million dollars ($5,000,000) of that amount shall be for the acquisition of property along the central coast containing coastal terrace prairie, federally listed spineflower, state listed San Francisco popcorn flower, and candidates for federal listing including ohlone tiger beetle and opler’s longhorned moth. No funds may be expended pursuant to this paragraph for the acquisition of real property or other actions taken pursuant to Chapter 10 (commencing with Section 2800) of the Fish and Game Code. (4) Thirteen million dollars ($13,000,000) for the acquisition from a willing seller, or restoration of forest lands, including, but not limited to, ancient redwoods and oak woodlands. Not more than five million dollars ($5,000,000) of this amount shall be expended on the federal Legacy Forest Program (16 U.S.C. Sec. 2103) to meet federal matching requirements and not less than five million dollars ($5,000,000) of this amount shall be allocated for the preservation of oak woodlands. Not more than five million dollars ($5,000,000) of this amount shall be expended on the federal Legacy Forest Program (16 U.S.C. Sec. 2103) to meet federal matching requirements and not less than five million dollars ($5,000,000) of this amount shall be allocated for the preservation of oak woodlands. (5) Eighty-two million five hundred thousand dollars ($82,500,000), upon appropriation by the Legislature, to match funds contributed by federal or local agencies or nonprofit organizations for the acquisition, restoration, or protection of habitat or habitat corridors that promote the recovery of threatened, endangered, or fully protected species. Projects funded pursuant to this paragraph may include restoration projects authorized pursuant to Public Law 105-372, the Salton Sea Reclamation Act of 1998. The board shall require matching contributions of funds, real property, or other resources from other public agencies, private parties, or nonprofit organizations, at a level designed to obtain the maximum conservation benefits to wildlife and wildlife habitat. No funds may be expended pursuant to this paragraph for the acquisition of real property or other actions taken pursuant to Chapter 10 (commencing with Section 2800) of the Fish and Game Code. (6) One hundred million dollars ($100,000,000), upon appropriation by the Legislature, for the purpose of funding the acquisition of real property subject to a natural community conservation plan adopted pursuant to Chapter 10 (commencing with Section 2800) of the Fish and Game Code, if the acquisition of the real property is conducted in conjunction with a natural community conservation plan approved by the Department of Fish and Game prior to January 1, 1999, or if the acquisition is approved by statute. (7) Five million dollars ($5,000,000) for environmental restoration projects for the following purposes approved pursuant to the Salton Sea Restoration Project authorized by Public Law 105-372, the Salton Sea Reclamation Act of 1998, and identified in the Final Environmental Impact Statement of the Salton Sea Restoration Project: (A) Reduce and stabilize the overall salinity of the Salton Sea. (B) Stabilize the surface elevation of the Salton Sea. (C) Reclaim, in the long term, healthy fish and wildlife resources and their habitats. (D) Enhance the potential for recreational uses of the Salton Sea. (b) Not more than 5 percent of the funds authorized for expenditure by this section may be used for public access and wildlife-oriented public use projects. (Added by Stats. 1999, Ch. 638, Sec. 9. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.351. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 6. Lake Tahoe Program [5096.351- 5096.351.] ( Article 6 added by Stats. 1999, Ch. 461, Sec. 1. )
The secretary must report annually to the Legislature on progress of the Environmental Improvement Program, and allocated funds may be spent by the California Tahoe Conservancy for specified Lake Tahoe restoration and access purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 6. Lake Tahoe Program [5096.351- 5096.351.] ( Article 6 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.351. (a) The Legislature has recognized the need to protect and restore the fragile environment at Lake Tahoe; and the Tahoe Regional Planning Agency has prepared an Environmental Improvement Program that outlines a capital outlay approach to help achieve environmental thresholds in the Lake Tahoe Basin, which allocates funding responsibilities over the first 10 years of the program in the amounts of approximately two hundred seventy-four million dollars ($274,000,000) to the State of California, two hundred ninety-seven million dollars ($297,000,000) to the federal government, eighty-two million dollars ($82,000,000) to the State of Nevada, one hundred one million dollars ($101,000,000) to local governments, and one hundred fifty-three million dollars ($153,000,000) to the private sector. (b) Funds allocated pursuant to subdivision (n) of Section 5096.310 shall be available for expenditure for the development, restoration, acquisition from a willing seller, and enhancement of real property, by the California Tahoe Conservancy within the Lake Tahoe region pursuant to Title 7.42 (commencing with Section 66905) of the Government Code for the following purposes: (1) Protecting the natural environment through preservation of environmentally sensitive lands, soil erosion control, restoration or enhancement of watershed lands, and restoration or enhancement of streams and other natural areas. (2) Providing public access and public recreation opportunities. (3) Enhancing and restoring wildlife areas. (c) The provision of these funds is to meet applicable state responsibilities pursuant to the Tahoe Regional Planning Agency’s Environmental Improvement Program. (d) The allocation of these funds has been made in the expectation that the federal government, the State of Nevada, local jurisdictions, and the private sector will fulfill their respective obligations pursuant to the Environmental Improvement Program. The secretary shall report annually to the Legislature on the progress of the development and implementation of the Environmental Improvement Program, and the provision of these funds may be restricted in the event that the parties are found to be making inadequate progress or are not making good faith efforts towards fulfilling their respective obligations. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.352. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 7. Coastal Protection Program [5096.352- 5096.352.] ( Article 7 added by Stats. 1999, Ch. 461, Sec. 1. )
This section allocates bond funds for coastal conservation, habitat, and public access projects, and gives the State Coastal Conservancy and related bodies spending and grant-related authority within specified limits.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 7. Coastal Protection Program [5096.352- 5096.352.] ( Article 7 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.352. Funds allocated pursuant to subdivision (o) of Section 5096.310 shall be available for expenditure by the State Coastal Conservancy pursuant to Division 21 (commencing with Section 31000) for the acquisition from a willing seller, preservation, restoration, and enhancement of real property or an interest in real property in coastal areas and watersheds within its jurisdiction and the development of public use facilities in those areas in accordance with the following schedule: (a) Twenty-five million dollars ($25,000,000) for projects funded pursuant to the San Francisco Bay Area Conservancy Program established pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21. (b) (1) Twenty-five million dollars ($25,000,000) shall be made available to the Santa Monica Bay Restoration Project to fund grants to public entities and nonprofit organizations to implement storm water and urban runoff pollution prevention programs, habitat restoration, and other priority actions specified in the Santa Monica Restoration Plan. The Santa Monica Bay Watershed Council shall determine project eligibility and establish grant priority. (2) The Santa Monica Bay Watershed Council or the State Coastal Conservancy may require the grant recipient to provide a portion of matching funds for any funding received. The council or the state conservancy may use the funds as matching funds for federal or other grant funding. (c) Sixty-four million two hundred thousand dollars ($64,200,000) of the funds available may be expended by the State Coastal Conservancy directly or as grants to government entities and nonprofit organizations for the purposes of Division 21 (commencing with Section 31000), and for the following and related purposes, including, but not limited to, the acquisition, enhancement, restoration, protection, and development of coastal resources, beaches, waterfronts, and public accessways in accordance with the following schedule: (1) An amount not to exceed three million dollars ($3,000,000) may be expended on regional approaches to reduce beach erosion. Up to thirteen million dollars ($13,000,000) shall be made available for the restoration and protection of the Upper Newport Bay Ecological Reserve. (2) At least fifteen million dollars ($15,000,000) shall be expended in coastal areas north of the Gualala River. (3) At least twenty-five million dollars ($25,000,000) shall be expended within Santa Cruz, Monterey, San Luis Obispo, or Santa Barbara Counties. One million dollars ($1,000,000) shall be allocated to the City of Monterey to fund public access and open space along the waterfront for the Window on the Bay. (4) At least five million dollars ($5,000,000) shall be expended on completion of the Coastal Trail. (5) Two million dollars ($2,000,000) shall be dedicated to projects for the Guadalupe River Trail and the San Francisco Bay Ridge Trail. (d) Twenty-two million dollars ($22,000,000) may be expended by the State Coastal Conservancy directly or as grants to government entities and nonprofit organizations consistent with Division 21 (commencing with Section 31000), and for administrative costs in connection therewith, for the acquisition, development, rehabilitation, restoration, enhancement, and protection of real property, or other actions that benefit fish and wildlife. At least ten million dollars ($10,000,000) of those funds shall be expended in coastal areas north of the Gualala River. Eight hundred thousand dollars ($800,000) shall be spent to restore the arroyo chub, partially armored stickleback, and southern steelhead fisheries to their native creeks of San Mateo Creek, and its tributary Devil Canyon Creek, and San Onofre Creek located in San Diego County. (e) Twenty-five million dollars ($25,000,000) shall be available, upon appropriation by the Legislature, to the State Coastal Conservancy and the Department of Fish and Game for direct expenditure and for grants to public agencies and nonprofit organizations to protect, restore, acquire, and enhance habitat for salmon. These funds may be used to match federal funding available for those purposes. (f) Twenty-five million dollars ($25,000,000) of the funds shall be allocated to acquire, protect, and restore wetlands projects that are a minimum of 400 acres in size in any county with a population greater than 5,000,000. (g) Twelve million five hundred thousand dollars ($12,500,000) shall be allocated to acquire land needed to connect important coastal watershed and scenic areas in the Laguna Coast Wilderness Park. (Added by Stats. 1999, Ch. 638, Sec. 10. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.353. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 8. Mountain Resource Program [5096.353 - 5096.354] ( Article 8 added by Stats. 1999, Ch. 461, Sec. 1. )
The Santa Monica Mountains Conservancy may use allocated funds for land acquisition, restoration, public recreation improvements, and grants for access to parks and recreation.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 8. Mountain Resource Program [5096.353 - 5096.354] ( Article 8 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.353. Funds allocated pursuant to subdivision (p) of Section 5096.310 shall be available to the Santa Monica Mountains Conservancy for capital outlay and grants for the acquisition from a willing seller, enhancement, and restoration of natural lands, improvement of public recreation facilities, and for grants to local agencies and nonprofit organizations to increase access to parks and recreational opportunities for underserved urban communities, in accordance with the following schedule: Thirty-five million dollars ($35,000,000) to acquire, improve, or restore park, wildlife, or natural areas, including areas near or adjacent to units of the state park system wherever such units may be situated within a local jurisdiction within the Santa Monica Mountains Zone or Rim of the Valley Trail Corridor. (Added by Stats. 1999, Ch. 638, Sec. 11. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.354. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 8. Mountain Resource Program [5096.353 - 5096.354] ( Article 8 added by Stats. 1999, Ch. 461, Sec. 1. )
Funds allocated under Section 5096.310(q) must be available to the Coachella Valley Mountains Conservancy for land-related spending and related administrative costs.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 8. Mountain Resource Program [5096.353 - 5096.354] ( Article 8 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.354. Funds allocated pursuant to subdivision (q) of Section 5096.310 shall be available to the Coachella Valley Mountains Conservancy for expenditure for the acquisition, development, enhancement, and protection of land, and for administrative costs incurred in connection therewith, in accordance with Division 23.5 (commencing with Section 33500). (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.355. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 9. San Joaquin River Program [5096.355- 5096.355.] ( Article 9 added by Stats. 1999, Ch. 461, Sec. 1. )
Funds allocated under this section must be made available to the San Joaquin River Conservancy for land acquisition, development, enhancement, protection, and related administrative costs.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 9. San Joaquin River Program [5096.355- 5096.355.] ( Article 9 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.355. Funds allocated pursuant to subdivision (r) of Section 5096.310 shall be available to the San Joaquin River Conservancy for expenditure of the acquisition, development, enhancement, and protection of land, and for administrative costs incurred in connection therewith, in accordance with Division 22.5 (commencing with Section 32500). (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.356. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 10. Agriculture Program [5096.356- 5096.356.] ( Article 10 added by Stats. 1999, Ch. 461, Sec. 1. )
The Department of Conservation may use allocated funds to make competitive grants for farmland protection and related program administration, and at least 20% of the funds must support projects in counties serving the San Pablo Bay.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 10. Agriculture Program [5096.356- 5096.356.] ( Article 10 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.356. (a) Funds allocated pursuant to subdivision (t) of Section 5096.310 shall be available to the Department of Conservation for grants, on a competitive basis, to state and local agencies and nonprofit organizations for farmland protection and administration of the Agricultural Land Stewardship Program Act of 1995 (Division 10.2 (commencing with Section 10200)), or its successor program. This purpose shall include, but not be limited to, the placement of improvements and acquisition of agricultural conservation easements and other interests in land pursuant to the Agricultural Land Stewardship Program. (b) At least 20 percent of the funds allocated pursuant to subdivision (t) of Section 5096.310 shall be available for projects that preserve agricultural lands and protect water quality in the counties that serve the San Pablo Bay. (Added by Stats. 1999, Ch. 638, Sec. 12. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.357. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 11. Fish and Game Program [5096.357- 5096.357.] ( Article 11 added by Stats. 1999, Ch. 461, Sec. 1. )
Certain bond funds must be made available to the Department of Fish and Game for specified land and wetland projects, and use of the funds must follow an expenditure plan approved by the Department of Finance.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 11. Fish and Game Program [5096.357- 5096.357.] ( Article 11 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.357. (a) Funds allocated pursuant to paragraph (1) of subdivision (v) of Section 5096.310 shall be available to the Department of Fish and Game for the development, enhancement, restoration, and preservation of land pursuant to Sections 1580 and 10503 of, and subdivision (b) of Section 1525 of, the Fish and Game Code. The provision of these funds shall be in accordance with an expenditure plan developed by the Department of Fish and Game and approved by the Department of Finance. (b) Funds allocated pursuant to paragraph (2) of subdivision (v) of Section 5096.310 shall be made available to the Department of Fish and Game for the exclusive purpose of acquiring habitat preservation and enhancement agreements on private wetlands pursuant to the California Waterfowl Habitat Program—Phase II and administrative costs incurred in connection therewith. Expenditure of those funds shall be consistent with the purposes identified in Section 3702 of the Fish and Game Code. (Added by Stats. 1999, Ch. 638, Sec. 13. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.358. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 12. California Indian Tribe Participation [5096.358- 5096.358.] ( Article 12 added by Stats. 1999, Ch. 461, Sec. 1. )
Federally recognized California Indian tribes may apply for available competitive grants, their applications must be considered on the merits, and any funds received must be used for the chapter’s authorized purpose.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 12. California Indian Tribe Participation [5096.358- 5096.358.] ( Article 12 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.358. To the extent funds authorized pursuant to this chapter are available for competitive grants to local government entities, federally recognized California Indian tribes may apply for those grants, the tribe’s application shall be considered on its merits, and the tribes shall expend any funds received for the purpose authorized by this chapter for which the funds are made available. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.360. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
The section allows up to $2.1 billion in bonds to be issued and sold, and requires the Treasurer to sell the authorized bonds as needed to fund the chapter’s purposes and reimburse a state revolving fund.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.360. Bonds in the total amount of two billion one hundred million dollars ($2,100,000,000), not including the amount of any refunding bonds issued in accordance with Section 5096.370, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes set forth in Section 5096.310 and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. Pursuant to this section, the Treasurer shall sell the bonds authorized by the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (the Villaraigosa-Keeley Act) Finance Committee created pursuant to subdivision (a) of Section 5096.362 at any different times that are necessary to service expenditures appropriated pursuant to this chapter. (Added by Stats. 1999, Ch. 638, Sec. 14. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.361. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
Bonds authorized by this chapter must be handled 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 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.361. 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 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.362. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
This section creates the finance committee for this bond chapter, names its members, makes the Treasurer its chairperson, allows a majority to act for the committee, and designates the secretary as the “board” for 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 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.362. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Finance Committee is hereby created. For purposes of this chapter, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the secretary is designated the “board.” (Added by Stats. 1999, Ch. 638, Sec. 15. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.363. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
The committee must decide whether bonds should be issued under this chapter, and how much should be issued and sold if needed.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.363. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter to carry out Section 5096.310 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.364. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
Revenue officers must collect, each year, an additional 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 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.364. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.365. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
Money is appropriated from the General Fund in the State Treasury for this chapter’s purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.365. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 5096.366, appropriated without regard to fiscal years. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.366. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
The Director of Finance may authorize withdrawals from the General Fund for this chapter, up to the amount of unsold authorized bonds. Withdrawn money must be deposited in the fund and later returned to the General Fund from bond-sale proceeds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.366. For purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this chapter. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.367. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
Bond issuance costs must be paid from bond proceeds and shared proportionally by each program funded by the bond act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.367. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.367.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
Actual costs of administering programs covered by Section 5096.310 must be paid from funds authorized by the act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.367.5. Actual costs incurred in connection with administering programs authorized under the categories specified in Section 5096.310 shall be paid from the funds authorized by this act. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.368. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
The secretary may ask the Pooled Money Investment Board for a loan or interim financing for this chapter, but the request cannot exceed the amount of authorized unsold bonds. The secretary must sign required documents, and any loaned money must be deposited in the fund for board allocation.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.368. The secretary may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312 of the Government Code, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The secretary shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1999, Ch. 638, Sec. 16. Approved in Proposition 12 at the March 7, 2000, election. Note: Pursuant to Stats. 1999, Ch. 638, Sec. 17, this section was submitted in Prop. 12 in place of the section proposed by Stats. 1999, Ch. 461.) - 5096.369. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
Money in the fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund as a credit for bond-interest expenditures.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.369. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.370. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
The bonds may be refunded under the referenced Government Code bond-law article, and voter approval of the chapter’s bonds also covers refunding bonds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.370. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state of the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.371. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
The Treasurer may keep separate accounts for certain bond proceeds and investment earnings, and may use or direct those funds for federal tax-related payments or other actions needed or desirable 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 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.371. Notwithstanding any provision of this chapter or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law 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. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.372. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. )
This section says bond sale proceeds are not treated as “proceeds of taxes” for Article XIII B purposes, and money provided under the chapter, including appropriations or transfers of that money, is not treated as a transfer of funds under the Fish and Game Code provision cited.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (The Villaraigosa-Keeley Act) [5096.300 - 5096.372] ( Chapter 1.692 added by Stats. 1999, Ch. 461, Sec. 1. ) ## ARTICLE 13. Fiscal Provisions [5096.360 - 5096.372] ( Article 13 added by Stats. 1999, Ch. 461, Sec. 1. ) ## 5096.372. (a) The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (b) Funds provided pursuant to this chapter, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code. (Added by Stats. 1999, Ch. 461, Sec. 1. Approved in Proposition 12 at the March 7, 2000, election.) - 5096.400. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.693. Camp Pendleton Marine Base [5096.400- 5096.400.] ( Chapter 1.693 added by Stats. 1999, Ch. 461, Sec. 1.5. )
If Camp Pendleton Marine Base stops being used as a federal facility, it must be converted into open space or a greenbelt and administered by the department, to the extent federal law allows.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.693. Camp Pendleton Marine Base [5096.400- 5096.400.] ( Chapter 1.693 added by Stats. 1999, Ch. 461, Sec. 1.5. ) ## 5096.400. To the extent permitted by federal law, if the Camp Pendleton Marine Base in the County of San Diego ceases to be used as a federal facility, it shall be converted to an open-space area or greenbelt that shall be administered by the department. (Added by Stats. 1999, Ch. 461, Sec. 1.5. Effective September 22, 1999.) - 5096.500. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.500 - 5096.501] ( Article 1 added by Stats. 2004, Ch. 708, Sec. 1. )
The Legislature says state agencies should make information about conservation-land acquisitions available to the public while still buying needed lands efficiently.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.500 - 5096.501] ( Article 1 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.500. The Legislature finds and declares as follows: (a) It is vital to ensure public confidence in amounts paid, and procedures used, for the acquisition of property by state agencies that spend taxpayer or bond funds. (b) It is important to ensure that an acquisition agency act expeditiously to purchase critically needed conservation lands for their preservation and protection. (c) The purpose of this chapter is to ensure that information on the acquisition of conservation lands by state agencies is made available to the public, while ensuring that these lands continue to be acquired in an efficient and expeditious manner. (Added by Stats. 2004, Ch. 708, Sec. 1. Effective January 1, 2005.) - 5096.501. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.500 - 5096.501] ( Article 1 added by Stats. 2004, Ch. 708, Sec. 1. )
This section defines key terms for the chapter on public review of state agency acquisitions of conservation lands.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.500 - 5096.501] ( Article 1 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.501. For purposes of this chapter, the following terms have the following meanings: (a) “Acquisition agency” means the Wildlife Conservation Board, the Department of Parks and Recreation, or a state conservancy. (b) “Conservation lands” means any land or interest therein to be acquired by an acquisition agency, or that is owned by the state. (c) “Major acquisition” means an acquisition for which one or more agencies propose to spend more than fifteen million dollars ($15,000,000) of state funds. (d) “Project partner” means a public agency or nonprofit organization that is seeking state funding for itself or for another public agency or nonprofit organization, from an acquisition agency for the acquisition of conservation lands. (e) “Specialty interests” means those partial property interests that may exist on a property and that can require specialized knowledge and experience to value, including, but not limited to, timber, water, minerals, or carbon credits. (Amended by Stats. 2012, Ch. 394, Sec. 1. (SB 1266) Effective January 1, 2013.) - 5096.510. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
For conservation land acquisitions using more than $150,000 of state funds, the agency or project partner must obtain an independent appraisal that meets stated standards.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.510. (a) (1) If more than one hundred fifty thousand dollars ($150,000) of state funds are proposed for expenditure or grant by an acquisition agency of conservation lands, the acquisition agency or the project partner shall contract for an independent appraisal of the land in compliance with this section. (2) The project partner or landowner may contribute to the costs of the appraisal, be identified as an intended user of the appraisal, and be named as the coclient of the appraiser or firm preparing the appraisal. However, on and after January 1, 2015, a landowner shall not be named as a coclient of the appraiser or firm preparing the appraisal. (b) The appraisal shall meet all of the following requirements: (1) The appraisal shall meet all applicable requirements of this chapter and any other applicable state laws and policies, and shall conform to Uniform Standards of Professional Appraisal Practice. (2) The appraisal shall not involve a fee based on a percentage of the property’s appraised value or the allowed deduction. (3) The appraisal shall not be prepared by an appraiser that has a financial interest in the property being appraised, including, but not limited to, being the seller or donor, a party to the seller’s acquisition of the property, or employed by or related to any of the above. (c) The acquisition agency or project partner that contracts for the appraisal shall select an appraiser that is qualified to appraise the specific property based upon verifiable education, experience, and knowledge of appropriate methodologies, techniques, and the real estate market relevant to the specific property. The following requirements shall also apply: (1) If the project to be appraised is a conservation easement, the appraiser’s education shall include advanced-level educational courses or certifications in the valuation of conservation easements. (2) If the project to be appraised includes more than nominal value for specialty interests, the acquisition agency or project partner that contracts for the appraisal shall include provisions in the contract that effectuate the following, as applicable: (A) The professional valuing the specialty interest shall comply with the requirements of paragraph (5) of subdivision (a) of Section 5096.517. (B) The professional valuing the specialty interests shall be qualified to appraise the specific specialty interests based upon verifiable education, experience, and knowledge of appropriate methodologies, techniques, and the markets relevant to the specific specialty interests. (Added by Stats. 2012, Ch. 394, Sec. 2. (SB 1266) Effective January 1, 2013.) - 5096.512. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
A major land acquisition appraisal must be reviewed by a qualified independent appraiser, and the review appraiser must prepare a narrative appraisal review report.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.512. (a) In addition to the review by the Department of General Services pursuant to Section 1348.2 of the Fish and Game Code, the appraisal prepared for a major acquisition of land shall be reviewed by a qualified independent appraiser retained by the acquisition agency for this purpose, and who meets the following conditions: (1) The review appraiser did not conduct the appraisal pursuant to Section 5096.510 and has no financial interest in the major acquisition. (2) The review appraiser is licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. (b) The review appraiser shall review the appraisal and prepare an appraisal review report, in a narrative format, that does all of the following: (1) Summarizes the appraisal. (2) States the basis on which the value of the land was established. (3) Describes the standards used to prepare the appraisal. (4) Determines whether or not the appraisal meets the standards established under the Uniform Standards of Professional Appraisal Practice. (c) The appraisal review report need not include any proprietary information provided by or on behalf of the seller or that is otherwise exempt from public disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) (1) If a major acquisition of conservation lands will be approved by more than one acquisition agency and each acquisition agency complies with paragraph (2), not more than one independent appraisal is required pursuant to Section 5096.510, and not more than one appraisal review report is required pursuant to this section. (2) Paragraph (1) is applicable if each acquisition agency does all of the following: (A) Utilizes the independent appraisal and appraisal review report, as required by this chapter. (B) Makes an independent determination of whether to approve the major acquisition of conservation lands. (C) Complies with all of the public disclosure and independent review requirements of this chapter. (e) An acquisition agency shall not utilize property acreage as a categorical threshold to impose an independent review of an appraisal pursuant to this section. However, this prohibition does not prohibit an agency from otherwise considering possible impacts from the acquisition of a large acreage property. (Amended by Stats. 2021, Ch. 615, Sec. 373. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 5096.513. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
Before a public hearing on a major acquisition of conservation lands, the acquisition agency must make information available for public review at least 30 calendar days in advance, except material exempt under the California Public Records Act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.513. Not less than 30 calendar days prior to holding a public hearing for the purpose of authorizing a major acquisition of conservation lands, an acquisition agency shall make available for public review information, except information that is exempt from being disclosed pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), that includes, but is not limited to, all of the following: (a) A copy of the independent appraisal review prepared pursuant to Section 5096.512. (b) A summary of the basis for the recommendation of approval for the major acquisition of the land made by the acquisition agency. (c) Any relevant environmental studies, documents, or other information. (Amended by Stats. 2021, Ch. 615, Sec. 374. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 5096.514. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
An acquisition agency must make certain acquisition documents public within 10 working days after escrow closes for a major conservation land acquisition, unless disclosure is exempt under the California Public Records Act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.514. Not more than 10 working days after the close of escrow for a major acquisition of conservation land by an acquisition agency, the acquisition agency shall make available to the public all of the following information, unless it is exempt from being disclosed pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code): (a) A copy of the appraisal for the conservation land approved by the Department of General Services, and from which fair market value was determined. (b) A copy of all other documents relevant to the purchase of the conservation land, including, but not limited to, environmental assessments or other documents not already disclosed pursuant to Section 5096.513. (Amended by Stats. 2006, Ch. 538, Sec. 568. Effective January 1, 2007.) - 5096.515. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
This chapter’s procedures and requirements are additional to certain other state conservation-land acquisition laws and do not change or replace them.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.515. The procedures and requirements established pursuant to this chapter are in addition to, and do not amend, modify, or supplant, any procedures or requirements established pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code) or the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with Section 5096.600)), for the acquisition of conservation lands. (Added by Stats. 2004, Ch. 708, Sec. 1. Effective January 1, 2005.) - 5096.516. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
Conservation lands generally may not be sold or transferred unless specific notice, hearing, finding, and approval steps are completed, and any sale or transfer proceeds must be used only for listed conservation purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.516. (a) Except as provided in subdivision (c), conservation lands may not be sold to another owner, or have possession and control transferred to another agency, unless all of the following occur: (1) The selling or transferring agency prepares and makes available to the public a detailed report that identifies why the conservation lands no longer serve a needed conservation purpose. (2) The selling or transferring agency holds a duly noticed public hearing to accept public comment on the proposed sale or transfer of conservation lands. (3) After compliance with paragraphs (1) and (2), the selling or transferring agency finds, based on substantial evidence, that the property no longer serves a needed conservation purpose. (4) The sale or transfer of the land is authorized or approved as part of the annual Budget Act or pursuant to specific legislation authorizing the sale or transfer. (b) Proceeds from the sale or transfer of conservation lands shall be used solely for one or more of the following purposes: (1) The acquisition of conservation lands to achieve the same or equivalent objectives as the original acquisition of the property that was sold or transferred. (2) To further the purposes of Division 21 (commencing with Section 31000). (3) The acquisition of wildlife habitat to further the purposes of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code). (4) The acquisition of wildlife habitat to further the purposes of Article 2 (commencing with Section 1410) of Chapter 4.3 of Division 2 of the Fish and Game Code. (c) This section does not apply to any of the following: (1) The sale or transfer of conservation lands solely for the purpose of boundary adjustments or consolidation of property ownership. (2) The sale or transfer of lands subject to a conservation easement to keep lands in agricultural production. (3) The sale or transfer to other public agencies or nonprofit organizations to improve conservation management, public access, historic preservation, or to protect or enhance the biological value of conservation lands. (4) The sale or transfer of conservation lands by the State Coastal Conservancy when the sale or transfer of interests in land is provided for, consistent with Division 21 (commencing with Section 31000), at the time of acquisition of real property. (5) The exchange of conservation lands for land of greater biological value as wildlife habitat. (6) The sale or transfer of conservation lands that have a fair market value of less than one million dollars ($1,000,000). (d) The requirements imposed by this section are in addition to any other requirements imposed by law or regulation. (Added by Stats. 2004, Ch. 708, Sec. 1. Effective January 1, 2005.) - 5096.517. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
Appraisal reports for certain land acquisitions must include specific supporting materials and be signed by a licensed or certified appraiser.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.517. (a) In addition to any other requirements or standards prescribed by law, appraisal reports prepared for the acquisition of any land or interest therein by or with funding from an “acquisition agency,” as defined in subdivision (a) of Section 5096.501, shall include all of the following to be considered for appraisal review by the state: (1) A collection of descriptive photographs and maps of sufficient quality and detail to clearly depict the subject property and any market data relied upon, including the relationship between the location of the subject property and the market data. (2) A complete description of the subject property land, site characteristics, and improvements. Valuations based on a property’s development potential shall include: (A) Verifiable data on the development potential of the land. (B) A description of what would be required for a development project to proceed, such as legal entitlements, and infrastructure needs. (C) Presentation of evidence that sufficient demand exists, or is likely to exist in the future, to provide market support for the development. (3) A statement by the appraiser indicating to what extent land title conditions were investigated and considered in the analysis and value conclusion. The appraisal shall also include a preliminary title report when such a report is available. (4) A discussion of implied dedication, prescriptive rights, or other unrecorded rights as described in Sections 801 to 813, inclusive, and Sections 1006 to 1009, inclusive, of the Civil Code, that may affect value, indicating the extent of investigation and any knowledge or observation of conditions that might indicate evidence of public use. If the appraiser has no knowledge of, or has not observed, those conditions, a statement to that effect shall be included in the appraisal report. (5) An appraisal report that includes more than nominal value for specialty interests, including, but not limited to, timber, water, minerals, or carbon credits, shall include a separate valuation prepared and signed by a certified or registered professional qualified in the field of specialty interest. This valuation shall be reviewed and approved by a second qualified, certified or registered professional, considered by the appraiser, and appended to the appraisal report. (b) Each appraisal report shall be prepared by, and include a signature by an appropriately licensed or certified real estate appraiser in good standing pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code, and its implementing regulations. (Repealed and added by Stats. 2012, Ch. 394, Sec. 6. (SB 1266) Effective January 1, 2013.) - 5096.518. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. )
A seller claiming a charitable contribution deduction over $5,000 for conservation lands acquired with state funds must attach the relevant appraisal to the California income tax return.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 2. Conservation Lands Acquisition Procedures [5096.510 - 5096.518] ( Article 2 added by Stats. 2004, Ch. 708, Sec. 1. ) ## 5096.518. For a charitable contribution claimed by a seller that is over five thousand dollars ($5,000) on conservation lands acquired using state funds, in order to substantiate the amount of the charitable contribution deduction claimed by the seller pursuant to Part 10 (commencing with Section 17001) or Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code, both of the following requirements shall apply: (a) The seller shall attach to his or her California income tax return a copy of the appraisal of the charitable contribution relied on by the acquisition agency. (b) The appraisal attached to the return shall be prepared by an appraiser licensed by the Office of Real Estate Appraisers pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and shall comply with the applicable requirements of the Revenue and Taxation Code and the Internal Revenue Code for purposes of substantiating the amount of the contribution for California income and franchise tax purposes and federal income tax purposes. (Amended by Stats. 2009, Ch. 208, Sec. 5. (SB 833) Effective January 1, 2010.) - 5096.520. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 3. Conservation Easement Registry [5096.520- 5096.520.] ( Article 3 added by Stats. 2006, Ch. 531, Sec. 3. )
The Secretary of the Resources Agency must create and maintain a public registry of conservation easements, update it regularly, and keep personal identifying information off the Internet.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.695. Public Review of State Agency Acquisition of Conservation Lands [5096.500 - 5096.520] ( Chapter 1.695 added by Stats. 2004, Ch. 708, Sec. 1. ) ## ARTICLE 3. Conservation Easement Registry [5096.520- 5096.520.] ( Article 3 added by Stats. 2006, Ch. 531, Sec. 3. ) ## 5096.520. (a) The Secretary of the Resources Agency shall establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000. In constructing the registry, the Resources Agency shall draw upon the Department of General Services’ property inventory, and other information held by a state agency, department, division, or other sources. (b) For the purposes of this section, “conservation easement” means any limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, that has been executed by or on behalf of the owner of the land subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. “Conservation easement” includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of the Government Code, and an agricultural conservation easement as defined in Section 10211. (c) The registry shall only include the following information on each conservation easement listed in the registry: (1) The assessor’s parcel numbers for the property covered by the easement. (2) The purpose of the easement. (3) The location of the easement, identified by county and nearest city. (4) The identity of the easementholder. (5) The size of the easement in acres. (6) The date the easement transaction was recorded. (7) The amount of funding provided by the agency, department, or division of the state holding or requiring the easement or providing state grant funds for the easement. (d) An agency, department, or division of the state with conservation easements that are held or required by the state or purchased with state grant funds shall enter and keep current the information specified in subdivision (c) for those easements in the registry established pursuant to this section. (e) On or before January 1, 2009, the Secretary of the Resources Agency shall make the registry available for use by the general public. Only the information pertaining to paragraphs (2) to (6), inclusive, of subdivision (c) regarding conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2006, shall be provided by the Secretary of the Resources Agency on the Internet. Personal identifying information shall not be posted on the Internet. The registry shall be updated biennially. (Amended by Stats. 2007, Ch. 229, Sec. 1. Effective January 1, 2008.) - 5096.600. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. )
This section says the chapter is known and may be cited by a specific act name.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.600. This chapter shall be known, and may be cited, as the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.601. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. )
The Legislature states that California should keep investing in parks, recreation facilities, and protection of natural and historical resources.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.601. The Legislature finds and declares all of the following: (a) To maintain a high quality of life for California’s growing population requires a continuing investment in parks, recreation facilities, and in the protection of the state’s natural and historical resources. (b) Clean air, clean water, clean beaches, and healthy natural ecosystems that can support both human communities and the state’s native fish and wildlife are all part of the legacy of California. Each generation has an obligation to be good stewards of these resources in order to pass them on to their children. (c) California’s historical legacy also requires active protection, restoration, and interpretation to preserve and pass on an understanding and appreciation of the diverse cultural influences and extraordinary human achievements that have contributed to the unique development of California. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.605. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. )
This section defines 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 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.605. As used in this chapter, the following terms have the following meanings: (a) “Acquisition” means obtaining the fee title or a lesser interest in real property, including specifically, a conservation easement or development rights. (b) “Department” means the Department of Parks and Recreation. (c) “Development” includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. (d) “Director” means the Director of the Department of Parks and Recreation. (e) “District” means any 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, any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780), or an authority formed pursuant to Division 26 (commencing with Section 35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, “district” also means any other district that is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director, offers year-round park and recreation services on lands and facilities owned by the district, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities. (f) “Fund” means the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund created pursuant to Section 5096.610. (g) “Historical resource” includes, but is not limited to, any building, structure, site, area, place, artifact, or collection of artifacts that is historically or archaeologically significant in the cultural annals of California. (h) “Local conservation corps” means a program operated by a public agency or nonprofit organization that is certified pursuant to Section 14406. (i) “Nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (commencing with Section 5000 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code. (j) “Preservation” means identification, evaluation, recordation, documentation, interpretation, protection, rehabilitation, restoration, stabilization, development, and reconstruction, or any combination of those activities. (k) “Secretary” means the Secretary of the Resources Agency. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.606. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. )
Land or interests in land bought with funds allocated under this chapter must be acquired from a willing seller.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.600 - 5096.606] ( Article 1 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.606. Lands or interests in land acquired with funds allocated pursuant to this chapter shall be acquired from a willing seller. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.610. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 2. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.610 - 5096.611] ( Article 2 added by Stats. 2001, Ch. 875, Sec. 1. )
Bond proceeds must be deposited into a newly created fund, and the fund money is available for legislative appropriation for specified acquisition and development projects, subject to an exception in Section 5096.650.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 2. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.610 - 5096.611] ( Article 2 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.610. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund, which is hereby created. Except as provided in subdivision (a) of Section 5096.650, the money in the fund shall be available for appropriation by the Legislature, in the manner set forth in this chapter, for acquisition and development projects, in accordance with the following schedule: (a) The sum of two hundred twenty-five million dollars ($225,000,000) for acquisition and development of the state park system. (b) The sum of eight hundred thirty-two million five hundred thousand dollars ($832,500,000) for local assistance programs for the acquisition and development of neighborhood, community, and regional parks and recreation areas. (c) The sum of one billion two hundred seventy-five million dollars ($1,275,000,000) for land, air, and water conservation programs, including acquisition for those purposes. (d) The sum of two hundred sixty-seven million five hundred thousand dollars ($267,500,000) for the acquisition, restoration, preservation, and interpretation of California’s historical and cultural resources. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.611. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 2. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.610 - 5096.611] ( Article 2 added by Stats. 2001, Ch. 875, Sec. 1. )
This section reallocates specified unissued bond funds and authorizes them to be issued and appropriated under Division 45.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 2. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.610 - 5096.611] ( Article 2 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.611. Notwithstanding any other law, two million five hundred fifty-seven thousand dollars ($2,557,000) of the unissued bonds authorized for the purposes of subdivision (b) of Section 5096.610, and eight hundred thousand dollars ($800,000) of the unissued bonds authorized for the purposes of subdivisions (b) and (c) of Section 5096.652 from the amount allocated pursuant to subdivision (d) of Section 5096.610 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 45 (commencing with Section 80000). (Added by Stats. 2017, Ch. 852, Sec. 1. Approved in Proposition 68 at the June 5, 2018, election.) - 5096.615. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 3. State Parks [5096.615- 5096.615.] ( Article 3 added by Stats. 2001, Ch. 875, Sec. 1. )
The Legislature may appropriate $225 million for acquiring and developing the state park system, but no more than 50% of the funds may be used for acquisition.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 3. State Parks [5096.615- 5096.615.] ( Article 3 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.615. The two hundred twenty-five million dollars ($225,000,000) allocated pursuant to subdivision (a) of Section 5096.610 shall be available for appropriation by the Legislature to the department for the acquisition and development of the state park system. It is the intent of the Legislature that first priority for funding shall be for development projects to complete and expand visitor facilities and for restoration projects. Not more than 50 percent of the funds provided by this section may be used for acquisition. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.620. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
This section makes $832.5 million available for legislative appropriation for local assistance programs and divides it among several park grant purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.620. The eight hundred thirty-two million five hundred thousand dollars ($832,500,000) allocated pursuant to subdivision (b) of Section 5096.610 shall be available for appropriation by the Legislature for local assistance programs, in accordance with the following schedule: (a) The sum of three hundred fifty million dollars ($350,000,000) to the department for grants, in accordance with Section 5096.621, and on the basis of population, for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities in urban and rural areas. (b) The sum of two hundred million dollars ($200,000,000) to the department for grants, in accordance with the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)). (c) The sum of twenty-two million five hundred thousand dollars ($22,500,000) on a per capita basis in accordance with subdivision (g) of Section 5096.621. (d) The sum of two hundred sixty million dollars ($260,000,000) to the department for grants for urban and special need park programs in accordance with Section 5096.625. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election. Note: See Stats. 2001, Ch. 878, Sec. 1, relating to expenditure of funds allocated pursuant to subd. (d) of this section.) - 5096.621. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
This section sets rules for dividing grant money among cities, counties, and certain districts, including minimum allocations and reporting requirements.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.621. (a) Sixty percent of the total funds available for grants pursuant to subdivision (a) of Section 5096.620 shall be allocated to cities and to districts other than a regional park district, regional park and open-space district, or regional open-space district. Each city’s and district’s allocation shall be in the same ratio as the city’s or district’s population is to the combined total of the state’s population that is included in incorporated areas and unincorporated areas within the district, except that each city or district shall be entitled to a minimum allocation of two hundred twenty thousand dollars ($220,000). In any instance in which the boundary of a city overlaps the boundary of such a district, the population in the area of overlapping jurisdiction shall be attributed to each jurisdiction in proportion to the extent to which each operate and manage parks and recreational areas and facilities for that population. In any instance in which the boundary of a city overlaps the boundary of such a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds shall be allocated to the district. (b) Each city and each district subject to subdivision (a) whose boundaries overlap shall develop a specific plan for allocating the grant funds in accordance with the formula specified in subdivision (a). If, by April 1, 2003, the plan has not been agreed to by the city and district and submitted to the department, the director shall determine the allocation of the grant funds among the affected jurisdictions. (c) Forty percent of the total funds available for grants pursuant to subdivision (a) of Section 5096.620 shall be allocated to counties and regional park districts, regional park and open-space districts, or regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3. (d) Each county’s allocation under subdivision (a) shall be in the same ratio as the county’s population, except that each county shall be entitled to a minimum allocation of one million two hundred thousand dollars ($1,200,000). (e) In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, or regional open-space district, whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district. (f) For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district. (g) Of the funds appropriated in subdivision (c) of Section 5096.620, twelve million five hundred thousand dollars ($12,500,000) shall be allocated to a city with an urban population greater than three million five hundred thousand in a county of the first class, and ten million dollars ($10,000,000) shall be allocated to a county of the first class. (h) The Legislature finds and declares that it intends all recipients of funds pursuant to subdivision (a) of Section 5096.620 to use those funds to supplement local revenues, in existence on the effective date of the act adding this chapter during the 2001–02 Regular Session, that are being used for parks or other projects eligible for funds under this chapter. To receive any allocation pursuant to subdivision (a) of Section 5096.620, the recipient may not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this chapter in their jurisdiction. One-time allocations that have been expended for parks or other projects, but which are not available on an ongoing basis, may not be considered when calculating a recipient’s annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller not later than 120 days after receiving the request from the Controller. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.624. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
This section sets grant application and administration rules, including review criteria, submission requirements, reporting duties, and project timing deadlines.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.624. (a) The director shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivisions (a) to (c), inclusive, of Section 5096.620. Individual applications for funds shall be submitted to the department for approval as to their conformity with the requirements of this chapter. The application shall be accompanied by certification that the project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan or the district park and recreation plan, as the case may be, and will satisfy a high priority need. (b) To utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. An applicant may allocate all or a portion of its per capita share for a regional or state project. (c) The director shall annually forward a statement of the total amount to be appropriated in each fiscal year for projects approved for grants pursuant to this article to the Director of Finance for inclusion in the Budget Bill. A list of eligible jurisdictions and the amount of grant funds to be allocated to each shall also be made available by the department. (d) Funds appropriated pursuant to this article shall be encumbered by the recipient within three years from the date the appropriation is effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.625. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
This section makes specified park-fund money available as grants and earmarks set amounts for particular park projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.625. The funds provided in subdivision (d) of Section 5096.620 shall be available as grants for public agencies and nonprofit organizations for the acquisition and development of new parks, botanical gardens, nature centers, and other community facilities in park poor communities. The funds may be expended pursuant to Section 5004.5, and Chapter 1.55 (commencing with Section 5095), if Senate Bill 359 of the 2001–02 Regular Session of the Legislature is enacted on or before January 1, 2003, and Chapter 3.3 (commencing with Section 5640), if Assembly Bill 1481 of the 2001–02 Regular Session of the Legislature is enacted on or before January 1, 2003, or pursuant to any other applicable statutory authorization. Not less than fifty million dollars ($50,000,000) of the funds provided in subdivision (d) of Section 5096.620 shall be expended for competitive grants consistent with the requirements of subdivision (b) of Section 5096.348. Ten million dollars ($10,000,000) of the funds provided in subdivision (d) of Section 5096.620 shall be available for development of Central Park in the City of Rancho Cucamonga. Five million dollars ($5,000,000) of the funds provided in subdivision (d) of Section 5096.620 shall be available for allocation to the City of Los Angeles for park and recreation or community facilities at or adjacent to the Hansen Dam recreation area. Five million dollars ($5,000,000) of the funds provided in subdivision (d) of Section 5096.620 shall be available for allocation to the City of Los Angeles for the Sepulveda Basin recreational parkland. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.629. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
When awarding grants from funds under Section 5096.620(d), projects with a commitment to provide matching contributions get priority.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.629. In making grants of funds allocated pursuant to subdivision (d) of Section 5096.620, priority shall be assigned to projects that include a commitment for a matching contribution. Contributions may be in the form of money from a nonstate source; gifts of real property, equipment, and consumable supplies; volunteer services; free or reduced-cost use. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.633. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
Unused grant funds covered by this article must revert to the fund if they are not spent by July 1, 2011.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.633. Any grant funds appropriated pursuant to this article that have not been expended by the grant recipient prior to July 1, 2011, shall revert to the fund and be available for appropriation by the Legislature for one or more of the local assistance programs specified in Section 5096.620 that the Legislature determines to be the highest priority statewide. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.634. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. )
The city may remove certain City Centre Park property from public recreation use, but only by a deadline and only if it reinvests $212,000 in remaining park improvements and follows grant conditions.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 4. Local Assistance Programs [5096.620 - 5096.634] ( Article 4 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.634. (a) For purposes of this section, the following definitions apply: (1) “City” means the City of Laguna Woods. (2) “City Centre Park property” means the approximately 0.32 acre portion of City Centre Park to be removed from public recreation use by the City of Laguna Woods and used as a fire station and for public safety purposes pursuant to subdivision (c). (3) “Department” means the Department of Parks and Recreation. (b) It is the intent of the Legislature that the removal of park property and the reinvestment of funding for capital improvements in the City Centre Park authorized under this section is for the sole purposes of enhancing recreational opportunities and improving public safety in the city, and not to facilitate industrial development. (c) Notwithstanding any other law, no later than January 1, 2026, the city may remove from public recreation use City Centre Park property improved with grant moneys from this chapter, subject to the reinvestment of two hundred twelve thousand dollars ($212,000) in capital improvements as described in subdivision (d) in the remaining City Centre Park, which shall be used for park purposes, subject to all applicable requirements of the grant funding received under this chapter, and at no cost to the state. The two-hundred-twelve-thousand-dollar ($212,000) reinvestment was calculated by an independent appraisal of the fair market value of the City Centre Park property conducted in 2022 and submitted by the city to the department in 2023. (d) The city shall develop a plan for capital improvements to be made to the remaining City Centre Park that meets the following requirements: (1) The plan shall include capital improvements in the amount of two hundred twelve thousand dollars ($212,000) in the remaining City Centre Park. (2) The city shall conduct two community meetings to solicit the input of residents of the city for the capital improvements to be made. (3) The plan shall be approved by the city council of the city and submitted to the department on or before January 1, 2025. (4) The plan shall enhance the active or passive recreational utility to the public of the remaining City Centre Park. (e) The plan developed pursuant to subdivision (d) shall be approved by the department before any of the capital improvements identified in the plan are made to the remaining City Centre Park. (f) The city shall complete the capital improvements identified in the plan developed pursuant to subdivision (d) within three years of the department’s approval of the plan. (Added by Stats. 2023, Ch. 287, Sec. 2. (SB 475) Effective January 1, 2024.) - 5096.650. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 5. Land, Air, and Water Conservation [5096.650 - 5096.651] ( Article 5 (1st of two) added by Stats. 2001, Ch. 875, Sec. 1. )
This section allocates specified bond funds to conservation, water, air, and related grant programs, and sets some conditions on how certain funds must be used.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 5. Land, Air, and Water Conservation [5096.650 - 5096.651] ( Article 5 (1st of two) added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.650. The one billion two hundred seventy-five million dollars ($1,275,000,000) allocated pursuant to subdivision (c) of Section 5096.610 shall be available for the acquisition and development of land, air, and water resources in accordance with the following schedule: (a) Notwithstanding Section 13340 of the Government Code, the sum of three hundred million dollars ($300,000,000) is continuously appropriated to the Wildlife Conservation Board for the acquisition, development, rehabilitation, restoration, and protection of habitat that promotes the recovery of threatened and endangered species, that provides corridors linking separate habitat areas to prevent habitat fragmentation, and that protects significant natural landscapes and ecosystems such as old growth redwoods and oak woodlands and other significant habitat areas; and for grants and related state administrative costs pursuant to the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code). Funds scheduled in this subdivision may be used to prepare management plans for properties acquired in fee by the Wildlife Conservation Board. (b) The sum of four hundred forty-five million dollars ($445,000,000) to the conservancies in accordance with the particular provisions of the statute creating each conservancy for the acquisition, development, rehabilitation, restoration, and protection of land and water resources; for grants and state administrative costs; and in accordance with the following schedule: (1) To the State Coastal Conservancy ........................ $200,000,000 (2) To the California Tahoe Conservancy ........................ $ 40,000,000 (3) To the Santa Monica Mountains Conservancy ........................ $ 40,000,000 (4) To the Coachella Valley Mountains Conservancy ........................ $ 20,000,000 (5) To the San Joaquin River Conservancy ........................ $ 25,000,000 (6) To the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy ........................ $ 40,000,000 (7) To the Baldwin Hills Conservancy ........................ $ 40,000,000 (8) To the San Francisco Bay Area Conservancy Program ........................ $ 40,000,000 (c) The sum of three hundred seventy-five million dollars ($375,000,000) shall be available for grants to public agencies and nonprofit organizations for acquisition, development, restoration, and associated planning, permitting, and administrative costs for the protection and restoration of water resources in accordance with the following schedule: (1) The sum of seventy-five million dollars ($75,000,000) to the secretary for the acquisition and development of river parkways and for protecting urban streams. The secretary shall make funds available in accordance with Sections 7048 and 78682.2 of the Water Code, and pursuant to any other applicable statutory authorization. Not less than five million dollars ($5,000,000) shall be available for grants for the urban streams program, pursuant to Section 7048 of the Water Code. (2) The sum of three hundred million dollars ($300,000,000) shall be available for the purposes of clean beaches, watershed protection, and water quality projects to protect beaches, coastal waters, rivers, lakes, and streams from contaminants, pollution, and other environmental threats. (d) (1) The sum of fifty million dollars ($50,000,000) to the State Air Resources Board for grants to air districts pursuant to Chapter 9 (commencing with Section 44275) of Part 5 of Division 26 of the Health and Safety Code for projects that reduce air pollution that affects air quality in state and local park and recreation areas. Eligible projects shall meet the requirements of Section 16727 of the Government Code and shall be consistent with Section 43023.5 of the Health and Safety Code, if Assembly Bill 1390 of the 2001–02 Regular Session of the Legislature is enacted on or before January 1, 2003. Each air district shall be eligible for grants of not less than two hundred thousand dollars ($200,000). Not more than 5 percent of the funds allocated to an air district may be used to cover the costs associated with implementing the grant program. (2) Allocations of funds pursuant to this subdivision to the Lower-Emission School Bus Program shall be prioritized to retrofit or replace the most polluting schoolbuses in small air districts first and then to medium air districts as defined by the State Air Resources Board. Each allocation for this purpose shall provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program adopted by the State Air Resources Board. If a local air district has unspent funds within six months of the expenditure deadline, the air district shall work with the State Air Resources Board to transfer funds to an alternative air district with existing demand. (e) The sum of twenty million dollars ($20,000,000) to the California Conservation Corps for the acquisition, development, restoration, and rehabilitation of land and water resources, and for grants and state administrative costs in accordance with the following schedule: (1) The sum of five million dollars ($5,000,000) shall be available for resource conservation activities. (2) The sum of fifteen million dollars ($15,000,000) shall be available for grants to local conservation corps for acquisition and development of facilities to support local conservation corps programs. (f) The sum of seventy-five million dollars ($75,000,000) shall be available for grants for the preservation of agricultural lands and grazing lands, including oak woodlands and grasslands. (g) The sum of ten million dollars ($10,000,000) to the Department of Forestry and Fire Protection for grants for urban forestry programs pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 1). (Amended by Stats. 2013, Ch. 356, Sec. 15. (SB 96) Effective September 26, 2013. Note: This section was added by Stats. 2001, Ch. 875, and approved in Prop. 40 on March 5, 2002.) - 5096.651. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 5. Land, Air, and Water Conservation [5096.650 - 5096.651] ( Article 5 (1st of two) added by Stats. 2001, Ch. 875, Sec. 1. )
When making grants under Section 5096.650, priority must be given to projects that commit to a matching contribution.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 5. Land, Air, and Water Conservation [5096.650 - 5096.651] ( Article 5 (1st of two) added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.651. In making grants pursuant to subdivisions (a) and (b) of Section 5096.650, priority shall be given to projects that include a commitment for a matching contribution. Contributions may be in the form of money, property, or services. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.652. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 5.5. Historical and Cultural Resources Preservation [5096.652- 5096.652.] ( Heading of Article 5.5 renumbered from Article 5 (2nd of two added by Stats. 2001, Ch. 875) by Stats. 2002, Ch. 664, Sec. 182. )
Money is set aside for legislative appropriation and for specified historic and cultural preservation projects, including a city park project and the El Pueblo Cultural and Performing Arts Center.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 5.5. Historical and Cultural Resources Preservation [5096.652- 5096.652.] ( Heading of Article 5.5 renumbered from Article 5 (2nd of two added by Stats. 2001, Ch. 875) by Stats. 2002, Ch. 664, Sec. 182. ) ## 5096.652. (a) The two hundred sixty-seven million five hundred thousand dollars ($267,500,000) allocated pursuant to subdivision (d) of Section 5096.610 shall be available for appropriation by the Legislature for the acquisition, development, preservation, and interpretation of buildings, structures, sites, places, and artifacts that preserve and demonstrate culturally significant aspects of California’s history and for grants for these purposes. Eligible projects include, but are not limited to, those which preserve and demonstrate the following: (1) Culturally significant aspects of life during various periods of California history including architecture, economic activities, art, recreation, and transportation. (2) Unique identifiable ethnic and other communities that have added significant elements to California’s culture. (3) California industrial, commercial, and military history including the industries, technologies, and commercial activities that have characterized California’s economic expansion and California’s contribution to national defense. (4) Important paleontologic, oceanographic, and geologic sites and specimens. (b) Thirty-five million dollars ($35,000,000) of the funds available pursuant to this section shall be allocated to a city for the development, rehabilitation, preservation, restoration, and interpretation of resources at a city park of historical and cultural significance that is over 1,000 acres and that serves an urban area with a population that is greater than 750,000 in northern California. (c) Two million five hundred thousand dollars ($2,500,000) of the funds available pursuant to this section shall be allocated to the County of Los Angeles for the El Pueblo Cultural and Performing Arts Center. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.665. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
This section authorizes up to $2.6 billion in bonds, excluding certain refunding bonds, and requires the Treasurer to sell the bonds when needed to fund chapter expenditures.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.665. Bonds in the total amount of two billion six hundred million dollars ($2,600,000,000), not including the amount of any refunding bonds issued in accordance with Section 5096.677, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes set forth in Section 5096.610 and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. Pursuant to this section, the Treasurer shall sell the bonds authorized by the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act Finance Committee created pursuant to subdivision (a) of Section 5096.667 at any different times that are necessary to service expenditures appropriated pursuant to this chapter. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.666. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Bonds authorized by this chapter must be handled under the State General Obligation Bond Law, which is incorporated into this chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.666. 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 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter by this reference as though set forth in full in this chapter. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.667. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
This section creates a finance committee for bond issuance and sale, assigns the Treasurer as chair, allows a majority of the committee to act, and designates the Secretary of the Resources Agency as the “board” for bond-law purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.667. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act Finance Committee is hereby created. For purposes of this chapter, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the Secretary of the Resources Agency is designated the “board.” (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.668. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
The committee must decide whether issuing bonds is necessary or desirable, and if so, determine the amount to be issued and sold.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.668. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter to carry out Section 5096.610 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.670. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
The state must collect, each year, enough additional revenue to pay bond principal and interest, and revenue-collection officers must take all necessary steps to collect it.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.670. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.671. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Money is appropriated from the General Fund for this chapter’s purposes, including bond principal and interest payments and amounts needed to carry out Section 5096.672.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.671. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 5096.672, appropriated without regard to fiscal years. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.672. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
The Director of Finance may authorize withdrawals from the General Fund for this chapter, up to the amount of unsold bonds authorized for sale.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.672. For purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this chapter. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.673. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Bond issuance costs must be paid from the bond proceeds and shared proportionally by each program funded by the bond act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.673. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.674. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Actual administrative costs for programs authorized under Section 5096.610 must be paid from the funds authorized by this act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.674. Actual costs incurred in connection with administering programs authorized under the categories specified in Section 5096.610 shall be paid from the funds authorized by this act. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.675. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
The secretary may ask the Pooled Money Investment Board for a loan or other authorized interim financing to carry out the chapter, but the request cannot exceed the amount of unsold bonds authorized for sale, and the secretary must sign any required loan documents.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.675. The secretary may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312 of the Government Code, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The secretary shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.676. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Money in the fund that comes from bond premium and accrued interest must stay in the fund and can be transferred to the General Fund as a credit for bond interest expenditures.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.676. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.677. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Bonds under this section may be refunded under the referenced Government Code article, and voter approval of issuing the bonds also covers refunding bonds.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.677. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state of the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.678. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
The Treasurer may keep separate accounts for bond proceeds and earnings, and may use those funds to make federal-law payments or other actions needed to preserve the bonds’ tax-exempt status.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.678. Notwithstanding any provision of this chapter or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law 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. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.679. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Bond-sale proceeds under this chapter are not treated as tax proceeds, and the funds and related appropriations or transfers are not treated as a transfer of funds for a specified Fish and Game Code chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.679. (a) The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (b) Funds provided pursuant to this chapter, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.681. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
Most appropriations for the program must be included in the Budget Bill each fiscal year, except funds that are continuously appropriated.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.681. Except for funds continuously appropriated by this chapter, all appropriations of funds pursuant to Section 5096.610 for purposes of the program shall be included in the Budget Bill for the 2002–03 fiscal year, and each succeeding fiscal year, for consideration by the Legislature, and shall bear the label “California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Program Fund.” The Budget Bill section shall contain separate items for each project, each class of project, or each element of the program for which an appropriation is made. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.683. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. )
The Secretary must provide for an annual audit of expenditures from this chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.696. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 [5096.600 - 5096.683] ( Chapter 1.696 added by Stats. 2001, Ch. 875, Sec. 1. ) ## ARTICLE 6. Fiscal Provisions [5096.665 - 5096.683] ( Article 6 added by Stats. 2001, Ch. 875, Sec. 1. ) ## 5096.683. The Secretary shall provide for an annual audit of expenditures from this chapter. (Added by Stats. 2001, Ch. 875, Sec. 1. Approved in Proposition 40 at the March 5, 2002, election.) - 5096.687. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.697. Efficient Water Use in Parks and Recreation Areas Act [5096.687 - 5096.689] ( Chapter 1.697 added by Stats. 2002, Ch. 322, Sec. 2. )
This chapter may be cited as the Efficient Water Use in Parks and Recreation Areas Act.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.697. Efficient Water Use in Parks and Recreation Areas Act [5096.687 - 5096.689] ( Chapter 1.697 added by Stats. 2002, Ch. 322, Sec. 2. ) ## 5096.687. This chapter shall be known and may be cited as the Efficient Water Use in Parks and Recreation Areas Act. (Added by Stats. 2002, Ch. 322, Sec. 2. Effective September 3, 2002.) - 5096.688. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.697. Efficient Water Use in Parks and Recreation Areas Act [5096.687 - 5096.689] ( Chapter 1.697 added by Stats. 2002, Ch. 322, Sec. 2. )
The Legislature states its intent to promote water conservation and efficient water use in California’s parks and recreational areas.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.697. Efficient Water Use in Parks and Recreation Areas Act [5096.687 - 5096.689] ( Chapter 1.697 added by Stats. 2002, Ch. 322, Sec. 2. ) ## 5096.688. It is the intent of the Legislature to promote the conservation and efficient use of water in California’s parks and recreational areas. (Added by Stats. 2002, Ch. 322, Sec. 2. Effective September 3, 2002.) - 5096.689. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.697. Efficient Water Use in Parks and Recreation Areas Act [5096.687 - 5096.689] ( Chapter 1.697 added by Stats. 2002, Ch. 322, Sec. 2. )
The department must include water-conservation recommendations in its grant-evaluation criteria and develop those recommendations with the Department of Water Resources.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.697. Efficient Water Use in Parks and Recreation Areas Act [5096.687 - 5096.689] ( Chapter 1.697 added by Stats. 2002, Ch. 322, Sec. 2. ) ## 5096.689. Criteria and procedures adopted by the department for evaluating applications for grants made available pursuant to subdivisions (a), (b), and (c) of Section 5096.620 for the development of neighborhood, community, and regional parks and recreation lands and facilities in urban and rural areas shall include recommendations that grant applicants consider the implementation or installation of water conservation measures as part of their proposed project. The department shall develop those recommendations in consultation with the Department of Water Resources. (Added by Stats. 2002, Ch. 322, Sec. 2. Effective September 3, 2002.) - 5096.800. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.800- 5096.800.] ( Article 1 added by Stats. 2006, Ch. 33, Sec. 1. )
This section says the chapter may be cited as the Disaster Preparedness and Flood Prevention Bond Act of 2006.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 1. General Provisions [5096.800- 5096.800.] ( Article 1 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.800. This chapter shall be known and may be cited as the Disaster Preparedness and Flood Prevention Bond Act of 2006. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.805. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 2. Definitions [5096.805- 5096.805.] ( Article 2 added by Stats. 2006, Ch. 33, Sec. 1. )
This section defines key terms used in the chapter, including board, committee, department, fund, restoration, state plan of flood control, and urban area.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 2. Definitions [5096.805- 5096.805.] ( Article 2 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.805. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (a) “Board” means the Reclamation Board or successor entity. (b) “Committee” means the Disaster Preparedness and Flood Prevention Bond Finance Committee, created by Section 5096.957. (c) “Delta” means the area of the Sacramento-San Joaquin Delta as defined in Section 12220 of the Water Code. (d) “Department” means the Department of Water Resources. (e) “Facilities of the State Plan of Flood Control” means the levees, weirs, channels, and other features of the federally and state-authorized flood control facilities located in the Sacramento River and San Joaquin River drainage basin for which the board or the department has given the assurances of nonfederal cooperation to the United States required for the project, and those facilities identified in Section 8361 of the Water Code. (f) “Fund” means the Disaster Preparedness and Flood Prevention Bond Fund of 2006, created by Section 5096.806. (g) “Project levees” means the levees that are part of the facilities of the State Plan of Flood Control. (h) “Restoration” means the improvement of a physical structure or facility and, in the case of natural system and landscape features, includes, but is not limited to, a project for the control of erosion, the control and elimination of exotic species, including prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. A restoration project shall include the planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives. (i) “State General Obligation Bond Law” means 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). (j) “State Plan of Flood Control” means the state and federal flood control works, lands, programs, plans, conditions, and mode of maintenance and operations of the Sacramento River Flood Control Project described in Section 8350 of the Water Code, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 of the Water Code for which the board or the department has provided the assurances of nonfederal cooperation to the United States, which shall be updated by the department and compiled into a single document entitled “The State Plan of Flood Control.” (k) “Urban area” means any contiguous area in which more than 10,000 residents are protected by project levees. (Amended by Stats. 2007, Ch. 130, Sec. 199. Effective January 1, 2008. Note: This section was added by Stats. 2006, Ch. 33, and approved in Prop. 1E on Nov. 7, 2006.) - 5096.806. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 3. Disaster Preparedness and Flood Prevention Bond Fund of 2006 [5096.806- 5096.806.] ( Article 3 added by Stats. 2006, Ch. 33, Sec. 1. )
Bond proceeds covered by this chapter must be deposited into the Disaster Preparedness and Flood Prevention Bond Fund of 2006, and that fund is created here.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 3. Disaster Preparedness and Flood Prevention Bond Fund of 2006 [5096.806- 5096.806.] ( Article 3 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.806. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Disaster Preparedness and Flood Prevention Bond Fund of 2006, which is hereby created. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.820. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
This section makes $4.09 billion available, once appropriated, for disaster preparedness and flood prevention projects, and requires the Governor to use those funds in specified ways.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.820. (a) The sum of four billion ninety million dollars ($4,090,000,000) shall be available, upon appropriation therefor, for disaster preparedness and flood prevention projects pursuant to this article. (b) In expending funds pursuant to this article, the Governor shall do all of the following: (1) Secure the maximum feasible amounts of federal and local matching funds to fund disaster preparedness and flood prevention projects in order to ensure prudent and cost-effective use of these funds to the extent that this does not prohibit timely implementation of this article. (2) Prioritize project selection and project design to achieve maximum public benefits from the use of these funds. (3) In connection with the submission of the annual Governor’s Budget, submit an annual Bond Expenditure Disaster Preparedness and Flood Prevention Plan that describes in detail the proposed expenditures of bond funds, the amount of federal appropriations and local funding obtained to fund disaster preparedness and flood prevention projects to match those expenditures, and an investment strategy to meet long-term flood protection needs and minimize state taxpayer liabilities from flooding. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.821. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
$3 billion is made available, subject to appropriation to the department, for specified flood-control and flood-prevention purposes.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.821. Three billion dollars ($3,000,000,000) shall be available, upon appropriation to the department, for the following purposes: (a) The evaluation, repair, rehabilitation, reconstruction, or replacement of levees, weirs, bypasses, and facilities of the State Plan of Flood Control by all of the following actions: (1) Repairing erosion sites and removing sediment from channels or bypasses. (2) Evaluating and repairing levees and any other facilities of the State Plan of Flood Control. (3) Implementing mitigation measures for a project undertaken pursuant to this subdivision. The department may fund participation in a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code to facilitate projects authorized by this subdivision. (b) Improving or adding facilities to the State Plan of Flood Control to increase levels of flood prevention for urban areas, including all related costs for mitigation and infrastructure relocation. Funds made available by this subdivision may be expended for state financial participation in federal and state authorized flood control projects, feasibility studies and design of federal flood damage reduction and related projects, and reservoir reoperation and groundwater flood storage projects. Not more than two hundred million dollars ($200,000,000) may be expended on a single project, excluding authorized flood control improvements to Folsom Dam. (c) (1) To reduce the risk of levee failure in the delta. (2) The funds made available for the purpose specified in paragraph (1) shall be expended for both of the following purposes: (A) Local assistance under the delta levee maintenance subventions program under Part 9 (commencing with Section 12980) of Division 6 of the Water Code, as that part may be amended. (B) Special flood protection projects under Chapter 2 (commencing with Section 12310) of Part 4.8 of Division 6 of the Water Code, as that chapter may be amended. (Amended by Stats. 2007, Ch. 130, Sec. 200. Effective January 1, 2008. Note: This section was added by Stats. 2006, Ch. 33, and approved in Prop. 1E on Nov. 7, 2006.) - 5096.824. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
$500 million is made available, after appropriation to the department, to fund the state’s share of nonfederal costs for specified flood control and flood prevention projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.824. (a) Five hundred million dollars ($500,000,000) shall be available, upon appropriation to the department, for payment for the state’s share of the nonfederal costs, and related costs, of flood control and flood prevention projects authorized under any of the following: (1) The State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6 of the Water Code). (2) The Flood Control Law of 1946 (Chapter 3 (commencing with Section 12800) of Part 6 of Division 6 of the Water Code). (3) The California Watershed Protection and Flood Prevention Law (Chapter 4 (commencing with Section 12850) of Part 6 of Division 6 of the Water Code). (b) The costs described in subdivision (a) include costs incurred in connection with either of the following: (1) The granting of credits or loans to local agencies, as applicable, pursuant to Sections 12585.3, 12585.4 of, subdivision (d) of Section 12585.5 of, and Sections 12866.3 and 12866.4 of, the Water Code. (2) The implementation of Chapter 3.5 (commencing with Section 12840) of Part 6 of Division 6 of the Water Code. (c) The funds made available by this section shall be allocated only to projects that are not part of the State Plan of Flood Control. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.825. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
$290 million is made available, subject to appropriation, for flood protection corridor and bypass projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.825. Two hundred ninety million dollars ($290,000,000) shall be available, upon appropriation, for the protection, creation, and enhancement of flood protection corridors and bypasses through any of the following actions: (a) Acquiring easements and other interests in real property to protect or enhance flood protection corridors and bypasses while preserving or enhancing the agricultural use of the real property. (b) Constructing new levees necessary for the establishment of a flood protection corridor or bypass. (c) Setting back existing flood control levees, and in conjunction with undertaking those setbacks, strengthening or modifying existing levees and weirs. (d) Relocating or flood proofing structures necessary for the establishment of a flood protection corridor. (e) Acquiring interests in, or providing incentives for maintaining agricultural uses of, real property that is located in a flood plain that cannot reasonably be made safe from future flooding. (f) Acquiring easements and other interests in real property to protect or enhance flood protection corridors while preserving or enhancing the wildlife value of the real property. (g) Flood plain mapping and related activities, including both of the following: (1) The development of flood hazard maps, including all necessary studies and surveys. (2) Alluvial fan flood plain mapping. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.827. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
$300 million is available, after appropriation to the department, for grants for qualifying stormwater flood management projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.827. Three hundred million dollars ($300,000,000) shall be available, upon appropriation to the department, for grants for stormwater flood management projects that meet all of the following requirements: (a) Have a nonstate cost share of not less than 50 percent. (b) Are not part of the State Plan of Flood Control. (c) Are designed to manage stormwater runoff to reduce flood damage and where feasible, provide other benefits, including groundwater recharge, water quality improvement, and ecosystem restoration. (d) Comply with applicable regional water quality control plans. (e) Are consistent with any applicable integrated regional water management plan. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.827.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
The department must create project selection and evaluation guidelines, with water-quality advice from the State Water Resources Control Board, and the guidelines must prefer certain flood-damage-reduction projects.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.827.2. (a) The department shall develop project selection and evaluation guidelines to implement Section 5096.827. The State Water Resources Control Board shall advise the department on the water quality portions of the guidelines, relying as appropriate on the stormwater guidelines developed by the State Water Resources Control Board pursuant to Section 75050.2. (b) The guidelines shall include a provision that gives preference to a project that reduces flood damages for which one or both of the following applies: (1) The project is not receiving state funding for flood control or flood prevention projects pursuant to Section 5096.824 or Section 75034. (2) The project provides multiple benefits, including, but not limited to, water quality improvements, ecosystem benefits, reduction of instream erosion and sedimentation, and groundwater recharge. (Added by Stats. 2007, Ch. 610, Sec. 2. Effective January 1, 2008.) - 5096.827.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
Projects for combined municipal sewer and stormwater systems may be financed under Section 5096.827 if they meet the requirements of Sections 5096.827 and 5096.827.2.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.827.3. Consistent with the requirements of Sections 5096.827 and 5096.827.2, the design and construction of projects for combined municipal sewer and stormwater systems are eligible for financing under Section 5096.827. (Added by Stats. 2007, Ch. 610, Sec. 3. Effective January 1, 2008.) - 5096.828. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
Funds from this article may be appropriated only until July 1, 2016; after that date, any unappropriated amount reduces the indebtedness authorized by the chapter.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.828. Funds provided by this article are only available for appropriation until July 1, 2016, and at that time the amount of indebtedness authorized by this chapter shall be reduced by the amount of funds provided by this article that have not been appropriated. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.) - 5096.830. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. )
Program guidelines and selection criteria developed or adopted for this chapter are exempt from review or approval by the Office of Administrative Law and from other requirements of Government Code Chapter 3.5.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 4. Disaster Preparedness and Flood Prevention Program [5096.820 - 5096.830] ( Article 4 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.830. The development or adoption of program guidelines and selection criteria for the purposes of 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. (Added by Stats. 2007, Ch. 368, Sec. 3. Effective January 1, 2008.) - 5096.953. Verify source ↗
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 16. Program Expenditures [5096.953 - 5096.9545] ( Article 16 added by Stats. 2006, Ch. 33, Sec. 1. )
The Secretary of the Resources Agency must arrange an independent audit of chapter expenditures and publish a yearly written list of program and project expenditures, including an electronic version on the agency website.
## Public Resources Code - PRC ## DIVISION 5. PARKS AND MONUMENTS [5001 - 5877] ( Division 5 added by Stats. 1939, Ch. 94. ) ## CHAPTER 1.699. Disaster Preparedness and Flood Prevention Bond Act of 2006 [5096.800 - 5096.968] ( Chapter 1.699 added by Stats. 2006, Ch. 33, Sec. 1. ) ## ARTICLE 16. Program Expenditures [5096.953 - 5096.9545] ( Article 16 added by Stats. 2006, Ch. 33, Sec. 1. ) ## 5096.953. The Secretary of the Resources Agency shall provide for an independent audit of expenditures pursuant to this chapter to ensure that all moneys are expended in accordance with the requirements of this chapter. The secretary shall publish a list of all program and project expenditures pursuant to this chapter not less than annually, in written form, and shall post an electronic form of the list on the Resources Agency’s Internet Web site. (Added by Stats. 2006, Ch. 33, Sec. 1. Approved in Proposition 1E at the November 7, 2006, election.)
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