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State
California
PRC Sec 5096.225-5096.267 CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984
(PARKS AND MONUMENTS)

PUBLIC RESOURCES CODE
SECTION 5096.225-5096.229





5096.225. This chapter shall be known and may be cited as the
California Park and Recreational Facilities Act of 1984.



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.



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.



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.



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.

PUBLIC RESOURCES CODE
SECTION 5096.231-5096.232





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, rehabili-
tation, 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 resto-
ration of real property for park,
beach, and recreational purposes; pro-
vided, 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 notwith-
standing Section 5627, funds made avail-
able 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 inter-
pretation.
(5) One million five hundred thousand dollars
($1,500,000) for the acquisition, devel-
opment, 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 proj-
ects 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 re-
sources 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 res-
toration at lakes, reservoirs, and
waterways, including state water facil-
ities, 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 in-
vestment 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 restora-
tion of real property for the state park
system within the Sacramento-San Joaquin
Delta.
(c) For the acquisition, development, or resto-
ration of real property for wildlife manage-
ment 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, rehabilita-
tion, or restoration of real property for
wildlife management.
(2) Ten million dollars ($10,000,000) for the
acquisition, rehabilitation, or restora-
tion 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 Conserva-
tion 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, rehabilita-
tion, or restoration of real property
for wildlife-oriented public use
projects.
(4) Ten million dollars ($10,000,000) for
development, rehabilitation, or restora-
tion 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 his-
torical 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 sub-
division (b).
(C) Two million dollars ($2,000,000) in
augmentation of category (2) of sub-
division (b).




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
grant 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 admin-
istrative 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.



PUBLIC RESOURCES CODE
SECTION 5096.233-5096.237





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:


1985-86 1986-87 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.


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.



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.



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.



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.


PUBLIC RESOURCES CODE
SECTION 5096.241-5096.243





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.



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. In addition to the procedures required by Section
5006, the Department of Parks and Recreation shall submit to the
Legislature and to the Secretary of the Resources Agency 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, 1985, for projects nominated prior to January 1,
1985.
(2) November 1, 1985, for projects nominated prior to June 30,
1985, and after January 1, 1985.
(3) November 1, 1986, and each November 1 thereafter for projects
nominated during the 12 months ending June 30, 1986, and each June 30
thereafter.
(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.



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.


PUBLIC RESOURCES CODE
SECTION 5096.244





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.


PUBLIC RESOURCES CODE
SECTION 5096.245-5096.251





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.


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.


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.


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.


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.


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.



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.



PUBLIC RESOURCES CODE
SECTION 5096.255-5096.267





5096.255. Bonds in the total amount of three hundred seventy
million dollars ($370,000,000), 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.



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.



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.



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.


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.



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.



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.



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.



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 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 chairman of the committee. The Secretary of
the Resources Agency is hereby designated as "the board" for the
purposes of the State General Obligation Bond Law.



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.



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.



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.



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 XIIIB of the
California Constitution, the disbursement of these proceeds is not
subject to the limitations imposed by that article.




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.