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State
California
PRC Sec 5700-5738 COMMUNITY PARKLANDS ACT OF 1986 (PARKS AND MONUMENTS)


PUBLIC RESOURCES CODE
SECTION 5700-5738





5700. This chapter shall be known and may be cited as the Community
Parklands Act of 1986.



5701. The Legislature hereby finds and declares as follows:
(a) It is the responsibility of the state to encourage, and assist
in the provision of, better parks and enhanced recreational
opportunities for all citizens of California.
(b) Community, neighborhood, and regional parks, beaches,
recreational areas, recreational trails, and other recreational
facilities, and the preservation of historic sites and structures
contribute significantly to a healthy physical and moral environment
and also contribute to the economic betterment of the state.
(c) Many older parks and recreational facilities have deteriorated
to the point where the original investment in them may become lost,
and prompt action is necessary to restore them to usefulness.
(d) Accordingly, it is in the public interest for the state to
assist counties, cities, and districts in providing these facilities
for the use and enjoyment of citizens they serve.



5702. As used in this chapter, the following terms have the
following meanings:
(a) "District" means any regional park district formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3 and any
recreation and park district formed pursuant to Chapter 4 (commencing
with Section 5780). With respect to any community which is not
included within a regional park district or a recreation and park
district and in which no city or county provides parks or
recreational areas or facilities, "district" also means any other
district which is authorized by statute to operate and manage parks
or recreational areas or facilities, employs a full-time park and
recreation director and 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.
(b) "Fund" means the Community Parklands Fund.
(c) "Program" means the Community Parklands Program established by
this chapter.

5710. (a) The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the Community Parklands Fund, which is
hereby created.
(b) All money deposited in the fund shall be available for
appropriation in the manner set forth in Section 5735 in an amount
not to exceed one hundred million dollars ($100,000,000) 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.



5711. (a) The total amount proposed to be appropriated for the
program shall be included in a section in the Budget Bill for the
1987-88 fiscal year and each succeeding fiscal year for consideration
by the Legislature and shall bear the caption "Community Parklands
Program."
(b) Commencing with the Budget Bill for the 1990-91 fiscal year,
any grant funds which were not accepted by a recipient or were not
encumbered by the recipient within the three-year period specified in
Section 5721 or which were restored pursuant to subdivision (c) of
Section 5723 shall be available for appropriation for one or more
projects of the type specified in Section 5712 that the Legislature
deems to be of the highest priority statewide.
(c) All appropriations are 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. The section
in the Budget Act 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.



5712. The grant funds authorized for the program may be expended by
the recipient for any of the following purposes or any combination
thereof:
(a) The rehabilitation, improvement, or restoration of
deteriorated roads, utilities, and other structures and facilities
within existing parks and recreational areas.
(b) Neighborhood, community, and regional parks.
(c) Beaches and public accessways to beaches.
(d) Historical sites and structures.
(e) Recreational areas and facilities.
(f) Hiking, bicycling, and equestrian trails.
(g) Development rights and scenic easements in connection with any
acquisition made for any purpose specified in subdivisions (b) to
(f), inclusive, so long as the right or easement directly enhances
the enjoyment or usefulness of the acquisition.


5720. (a) The grant funds authorized for the program shall be
allocated to counties, cities, and districts on the basis of their
populations, as determined by the Department of Parks and Recreation
in cooperation with the Department of Finance on the basis of the
most recent verifiable census data and such other population data as
the Department of Parks and Recreation may require to be furnished by
any county, city, or district.
(b) Forty percent of the total funds available for grants shall be
allocated to counties and regional park, open-space, or park and
open-space districts formed pursuant to Chapter 3 (commencing with
Section 5500). Each county's allocation shall be in the same ratio
as the county's population is to the state's total population, except
that each county shall be entitled to a minimum allocation of one
hundred thousand dollars ($100,000). In any county that embraces all
or part of the territory of a regional park, open-space, or park and
open-space district whose board of directors is not the county board
of supervisors, the amount allocated to the county shall be
apportioned between the county and the regional district in
proportion to the population of the county that is included within
the territory of the regional district and the population of the
county that is outside the territory of the regional district.
(c) (1) Sixty percent of the total funds available for grants
shall be allocated to cities and districts, other than regional park,
open-space, or park and open-space districts. Each city's and each
such 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 in
unincorporated areas within districts, except that each city or
district shall be entitled to a minimum allocation of twenty thousand
dollars ($20,000). In any instance in which the boundary of a city
overlaps the boundary of 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 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.
(2) Each city and other district whose boundaries overlap, shall
develop a specific plan for allocating the grant funds in accordance
with the formula specified in paragraph (1). If, by October 1, 1986,
the plan has not been agreed to by the affected jurisdictions and
submitted to the Department of Parks and Recreation, the Director of
Parks and Recreation shall determine the allocation of the grant
funds among the affected jurisdictions.



5721. (a) Individual applications for grants shall be submitted to
the department for approval as to 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 applied is consistent with the park and recreation
element of the applicable city or county's general plan or the
district's park and recreation plan and will satisfy a high priority
need. In order to utilize available grant funds as effectively as
possible, overlapping or adjoining jurisdictions are encouraged to
combine projects and submit a joint application.
(b) The minimum amount that the applicant may request for any
individual project is twenty thousand dollars ($20,000).
(c) Every application shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)).
(d) Grants that are wholly or partially for the acquisition of
real property shall be made on the basis of 75 percent state funds
and 25 percent local matching funds or property donated to be part of
the project. The grant recipient shall certify to the department
that there is available, or will become available prior to the
commencement of any work on the project, matching funds or property
in the required amount from a nonstate source. Certification of the
source and amount or value shall be set forth in the application.
(e) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants to the Director of Finance for inclusion in the Budget
Bill. The amount of grant funds to be allocated to each eligible
jurisdiction shall be published in the Governor's Budget for the
fiscal year in which the appropriation for those grants is to be made
and, as soon as possible thereafter, a list of projects for which
grants have been approved shall be made available by the department.

(f) Grant funds shall be encumbered by the recipient within three
years of the date the appropriation became effective, regardless of
the date when the project was approved by the department pursuant to
this section.


5722. Grant funds may be expended for development, rehabilitation,
or restoration only on lands owned by, or subject to a lease or other
long-term interest held by, the applicant. If the lands are not
owned by the applicant, the applicant shall first demonstrate to the
satisfaction of the director that the development, rehabilitation, or
restoration will provide benefits commensurate with the type and
duration of interest in land held by the applicant. No grant funds
may be expended for any purpose that is not directly related to the
operation and management of parks and recreational areas and
facilities.


5723. (a) No grant funds authorized by this chapter shall be
disbursed until the applicant agrees that any property acquired or
developed with those 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 funds shall be disbursed unless the applicant agrees to
maintain and operate the property to be acquired or developed for a
period 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.
(c) No funds shall be disbursed unless the applicant agrees to
make the property to be acquired or developed open to use by the
public by a date specified in the agreement. That date shall not be
more than three years after the date upon which the project was
approved by the department pursuant to Section 5721. The department
may grant a postponement of the specified date if the property is not
or will not be open to use by the public by the specified date due
to circumstances wholly beyond the control of the applicant. If the
property is not open to use by the public by the date specified in
the agreement, and any postponement thereof granted by the
department, the grant funds shall be restored in full to the
department and the applicant shall become ineligible to receive any
further funds that may become available pursuant to this chapter.
Any funds restored pursuant to this section shall be deposited in the
fund and shall be available for appropriation pursuant to
subdivision (b) of Section 5711.


5724. Any grant made pursuant to this chapter, and the performance
of the applicant in expending the grant, may be audited at any time
by the department.


5725. Of the total funds available for appropriation pursuant to
this chapter, an amount, not to exceed four hundred thousand dollars
($400,000), may be appropriated for state administrative costs
directly incurred in connection with this chapter.

5730. Bonds in the total amount of one hundred million dollars
($100,000,000), 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 of, and interest on, the
bonds as the principal and interest become due and payable.



5731. 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,
and 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 shall be necessary to collect that additional sum.



5732. There is hereby appropriated from the General Fund, for the
purpose 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
principal and interest become due and payable.
(b) The sum which is necessary to carry out the provisions of
Section 5733, appropriated without regard to fiscal years.



5733. For the purposes of carrying out this article, the Director
of Finance may, pursuant to appropriate authority in each annual
Budget Act, 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 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 this chapter. The money withdrawn from the
General Fund shall be returned to the General Fund with interest at
the rate earned by the money in the Pooled Money Investment Account
during the time the money was withdrawn from the General Fund
pursuant to this section.



5733.5. 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.



5734. 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.



5735. 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 Community Parklands Program Finance
Committee is hereby created. The committee consists of the
Controller, the Director of Finance, and the Treasurer. For purposes
of this chapter, the Community Parklands Program Finance Committee
is "the committee" as that term is used in the State General
Obligation Bond Law, and the Treasurer shall serve as chairperson of
the committee.


5736. All money deposited in the 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.


5737. 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.




5738. If any provision of this chapter or the application thereof
to any person or circumstance 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.