State California PRC Sec 5096.1-5096.28 STATE BEACH, PARK, RECREATIONAL, AND HISTORICAL FACILITIES BOND ACT OF 1964 (PARKS AND MONUMENTS) PUBLIC RESOURCES CODE SECTION 5096.1-5096.28 5096.1. This chapter may be cited as the Cameron-Unruh Beach, Park, Recreational, and Historical Facilities Bond Act of 1964. 5096.2. The Legislature of the State of California hereby finds and declares that: (a) It is the responsibility of this State to provide and to encourage the provision of outdoor recreation opportunities for the citizens of California; (b) When there is proper planning and development, open space lands 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 areas for recreation, conservation, and preservation and to aid local governments of the State in acquiring and developing such areas as will contribute to the realization of the policy declared in this chapter. 5096.3. The Legislature further finds and declares that: (a) The present public outdoor recreation areas and facilities in the State are inadequate to accommodate the demands made on them at the present time and will become critically inadequate as time progresses. (b) Land values are increasing at a steady rate and any delay by the State in securing additional lands for park and recreation purposes will result not only in the loss of suitable lands for recreation purposes, but also will reduce the economic ability of the State to acquire such lands. (c) At the next general election the people of the State of California will vote upon a proposition authorizing a state bond issue in the amount of one hundred fifty million dollars ($150,000,000) to provide the moneys for the acquisition and development of lands needed for recreation purposes. (d) It is desirable for the people of this State to have prior notice of the proposed disposition and allocation of the proceeds of this bond issue. 5096.4. Bonds in the total amount of one hundred fifty million dollars ($150,000,000), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed hereinafter. Said bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California are hereby pledged for the punctual payment of both principal and interest on said bonds as said principal and interest become due and payable. 5096.5. There shall be collected each year and in the same manner and at the same time as other state revenue is collected such sum in addition to the ordinary revenues of the State as shall be required to pay the principal and interest on said bonds maturing in said year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue to do and perform each and every act which shall be necessary to collect such additional sum. 5096.6. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this act, such an amount as will equal the following: (a) Such sum annually as will be necessary to pay the principal and interest on bonds issued and sold pursuant to the provisions of this chapter, as said principal and interest become due and payable. (b) Such sum as is necessary to carry out the provisions of Section 5096.7, which sum is appropriated without regard to fiscal years. 5096.7. For the purposes of carrying out the provisions of this chapter the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the State Beach, Park, Recreational, and Historical Facilities Fund, which fund is hereby created. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out the provisions of this chapter. 5096.8. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Beach, Park, Recreational, and Historical Facilities Fund. 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 hereinafter prescribed. 5096.9. All proposed appropriations for the program contemplated by this chapter shall be included in a section in the Budget Bill for each fiscal year for consideration by the Legislature, and shall bear the caption "State Beach, Park, Recreational, and Historical Facilities Bond Act Program." The section shall contain separate items for each project for which an appropriation is made. Such appropriations shall be subject to all limitations contained in the Budget Bill and to all fiscal procedures prescribed by law with respect to the expenditure of state funds. The section shall contain proposed appropriations only for the program 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 that section of the Budget Act. 5096.10. The bonds authorized by this act 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. 5096.11. The State Park and Recreation Finance Committee is hereby created. The committee consists of the Governor, the State Controller, the Director of Finance, the State Treasurer, and the Administrator of the Resources Agency. For the purposes of this chapter the State Park and Recreation Finance Committee shall be "the committee" as that term is used in the State General Obligation Bond Law. The Administrator of the Resources Agency is hereby designated as the board for the purposes of this chapter and for the purposes of the State General Obligation Bond Law. 5096.13. All money deposited in the State Beach, Park, Recreational and Historical Facilities Fund which 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. 5096.14. As used in this chapter and for the purposes of this chapter as used in the State General Obligation Bond Law, the following words shall have the following meanings: (a) "State grant" or "state grant moneys" means moneys received by the State from the sale of bonds authorized by this chapter which are available for grants to counties for acquisition and development of real property for park and recreation purposes. (b) "Regional project" means the acquisition and development of real property for park and recreation purposes by a county, a city, or by two or more counties, a city, district or regional agency engaged in a project with the use of state grant moneys to serve regional recreational needs. (c) "Minimum development" means the providing of public access, sanitary and water facilities, and public safety requirements. 5096.15. Except as otherwise provided herein, all money deposited in the State Beach, Park, Recreational, and Historical Facilities Fund shall be available for appropriation as set forth in Section 5096.9 for the purposes set forth below in amounts not to exceed the following except as may be provided hereafter: (a) For the acquisition of real property for the state park system, including public beaches ........................... $85,000,000 (b) For minimum development of real property acquired under subdivision (a) of this section ............................. $20,000,000 (c) For the acquisition, development, or acquisition and development, of real property for wildlife management in accordance with the provisions of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and Game Code) and in accordance with a master plan drafted as an element of the State Development Plan ......................... $5,000,000 (d) For grants to counties, cities, or cities and counties for the acquisition, development, or acquisition and develop- ment, of real property for park and beach purposes ................................. $40,000,000 5096.16. The forty million dollars ($40,000,000) authorized by Section 5096.15 for grants shall be allocated to the counties, such allocation to be based upon the estimated population of the counties on July 1, 1975, as that population is shown in the document "Provisional Projections of California Areas and Counties to 1980" published by the State Department of Finance and dated February 15, 1963, as follows: One dollar and twenty-five cents ($1.25) per person per county, plus an additional twenty-five cents ($0.25) per person per county for those counties which participate in an areawide or regional plan, or which assume planning responsibility for an urban area as a whole, in either case sufficient to qualify for federal financial assistance pursuant to the provisions of Title VII of the Federal Housing Act of 1961 (Public Law 87-70), provided however, that each county shall be entitled to receive an allocation of not less than seventy-five thousand dollars ($75,000), and provided further, that any grant made to a city, district, or regional public agency shall be subtracted from the total otherwise allocable under the provisions of this chapter to the county or counties in which the city, district, or regional public agency is located. Any city, district or regional public agency may participate with a county or counties in an application for a state grant under the provisions of this section, provided that a city, district, or regional public agency may apply for a grant only after receiving the approval of the boards of supervisors of the county whose allocation is affected and of the county or counties in which the city proposes to acquire real property. 5096.17. On July 1, 1970, the Resources Agency Administrator shall cause to be totaled the unencumbered balances remaining in the State Beach, Park, Recreational and Historical Facilities Fund. A program shall be submitted in the budget for the 1971-72 fiscal year to appropriate this balance. This program shall consist of projects deemed to be of highest priority from among the purposes expressed in Section 5096.15 (a) through (d), inclusive, and shall not be subject to the maximum amounts allocated to those purposes in Section 5096.15. 5096.18. Projects involving state funds only, pursuant to subdivisions (a) and (b) of Section 5096.15, shall originate by legislative resolution, resolutions, or resolutions of the State Park Commission directing studies of the projects included therein or upon initiative of the Administrator of the Resources Agency directing a study of the projects included therein. Allocations for the purposes of subdivision (c) of Section 5096.15 that are authorized by the Legislature and approved by the Governor shall be made from the State Beach, Park, Recreational and Historical Facilities Fund and shall be expended in accordance with the provisions of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and Game Code) and in accordance with a master plan drafted as an element of the State Development Plan. 5096.20. An application for a state grant pursuant to subdivision (d) of Section 5096.15 shall be submitted to the Resources Agency Administrator. The application for the state grant shall be accompanied by a countywide area, or regional master or general plan as set forth in Section 65462 of the Government Code for the county or counties wherein the project lies. This plan shall contain a recreation element, as defined in Section 65465 of the Government Code, and shall have been adopted by the board of supervisors of the county or counties applying for state funds. The Resources Agency Administrator, in co-operation with the State Office of Planning, shall review the material submitted by the county or counties for completeness and conformity with the State Development Plan. Upon completion of the Resources Agency Administrator's review, approved projects shall be forwarded to the Governor for inclusion in the Budget Bill. 5096.21. Projects proposed pursuant to subdivisions (a), (b) and (c) of Section 5096.15 shall be submitted to the office of the Resources Agency Administrator for review. The Director of the Department of Parks and Recreation shall provide the Resources Agency Administrator with a statement concerning each project originated pursuant to subdivisions (a) and (b) of Section 5096.15, which statement shall include at least the following data: (a) The demand giving rise to the necessity for the project, (b) The existing supply of opportunities for meeting such need and the relationship of the proposed project to said supply, (c) The economic factors associated with the project, and (d) The nondemand factors, if any, associated with the proposed project, including historical importance, unique scientific or scenic value. The administrator as part of his review shall refer the projects to the State Office of Planning for the purpose of determining their general compliance with the State Development Plan. 5096.22. The administrator, after completing his review, shall forward those projects recommended by the appropriate board or commission together with his comments thereon to the Governor for inclusion in the Budget Bill. In submitting the list of projects recommended for inclusion in the annual budget, the administrator shall organize the projects on a priority basis within each of the purposes as set forth in subdivisions (a), (b), and (c) of Section 5096.15. This priority ranking shall take into account and be based upon at least the following factors: (a) Location with respect to pressures arising from user demand, (b) Project size and the reason for such size or extent, (c) The kinds of real property interests to be acquired, (d) Whether the project is new or an addition to existing state property, (e) Estimates of direct or indirect capital costs, (f) Estimates of annual gross and net operating costs for the ensuing five years, and (g) Compliance with the concept of orderly statewide recreational development consistent with the State Development Plan. In addition, the statement setting forth the priorities shall include the relationship of each separate project on the priority list to a proposed time schedule for the acquisition and development expenditures associated with the accomplishment of the projects contained in said list. All projects proposed in the Governor's budget of each fiscal year shall be contained in the Budget Bill as provided in Section 5096.9 of this act. 5096.23. Projects authorized for the purposes set forth in subdivisions (a) and (b) of Section 5096.15 shall be subject to augmentation as provided in Section 16352 of the Government Code. The unexpended balance in any appropriation heretofore or hereafter made payable from the State Beach Park, Recreational, and Historical Facilities 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. 5096.24. The Director of the Department of Parks and Recreation may make agreements with respect to any land acquired pursuant to subdivision (a) of Section 5096.15 of this chapter for continued tenancy of the seller of the property for a period of time and under such conditions as mutually agreed upon by the State and the seller so long as the seller promises to pay such taxes on his interest in property as shall become due, owing or unpaid on the interest created by such agreement and so long as the seller conducts his operations on the land according to specifications issued by the Director or the Department of Parks and Recreation to protect the property for the public use for which it was acquired. A copy of such agreement shall be filed with the county clerk in the county in which the property lies. Such arrangement shall be compatible with the operation of the area by the State, as determined by the Director of the Department of Parks and Recreation. 5096.25. Notwithstanding any other provisions of law, for the purposes of this chapter acquisition may include gifts, purchases, leases, easements, eminent domain, the transfer of property for other property of like value, purchases of development rights, and other interests unless the Legislature shall hereafter otherwise provide. Acquisition for the State Park System by purchase or by eminent domain shall be under the Property Acquisition Law, notwithstanding any other provisions of law. 5096.26. All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreation or other purposes for which land may be acquired and 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. 5096.27. There shall be an agreement or contract between the State and the applicant in the case of a state grant project which shall contain therein the provisions that the property so acquired shall be used by the grantee 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. Notwithstanding any other provision in this chapter, state grant moneys to be used for park acquisition purposes only shall be restricted to those projects contemplating the acquisition of 50 acres or more of real property, or as an addition to an existing park to provide a total park area of 50 acres or more. Such projects shall also be devoted to multiple recreation purposes, as opposed to restrictive, single interest usage. 5096.28. Lands acquired by the State shall consist predominantly of open or natural lands, including lands under water capable of being utilized for multiple recreation purposes. No funds derived from the bonds authorized by this section 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 and development of beaches, parks, recreational facilities and historical monuments at or in the vicinity of any such reservoir.