CCLME.ORG - CAMERON-UNRUH BEACH. PARK RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1964 (Chapter 1.6 (commencing with PRC 5096.1) Div.5)
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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.