5910-5929
PUBLIC RESOURCES CODE
SECTION 5910-5929
5910. (a) The grant funds authorized pursuant to paragraph (1) of
subdivision (a) of Section 5907 shall be allocated to counties,
cities, cities and counties, 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 other population data as the
Department of Parks and Recreation may require to be furnished by any
county, city, city and county, 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 is 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 regional district and the county 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
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 the districts, except that each city or
district is 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 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, 1990, 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.
(d) Individual application for grants pursuant to subdivision (a)
of Section 5907 shall be submitted to the Department of Parks and
Recreation for approval as to conformity with the requirements of
this division. 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 general plan or the district
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.
(e) The minimum amount that the applicant may request for any
individual project is twenty thousand dollars ($20,000). Any agency
may allocate all or a portion of its per capita share for a regional
or state project.
(f) The Director of Parks and Recreation shall annually forward a
statement of the total amount to be appropriated in each fiscal year
for projects approved for grants pursuant to subdivision (a) of
Section 5907 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
of Parks and Recreation.
(g) Funds appropriated for grants pursuant to subdivision (a) of
Section 5907 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 this section.
Commencing with the Budget Bill for the 1992-93 fiscal year, any
grant funds authorized under paragraphs (1) and (2) of subdivision
(a) of Section 5907 that were not accepted by the recipient, or were
not encumbered by the recipient within that three-year period, are
available for appropriation for one or more of the classes of
expenditures specified in Section 5907 that the Legislature deems to
be of the highest priority statewide.
5911. Funds authorized in paragraph (3) of subdivision (a) of
Section 5907 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. After at least one public hearing, the Director of
Parks and Recreation shall prepare and adopt criteria and procedures
for evaluating those competitive grants. The minimum amount that the
applicant may request for any individual project is twenty thousand
dollars ($20,000).
5912. The funds authorized in paragraph (4) of subdivision (a) of
Section 5907 shall be available as grants on a competitive basis to
cities, counties, cities and counties, districts, and nonprofit
organizations and shall be encumbered by the recipient within three
years of the date when the appropriation became effective. The
Director of Parks and Recreation, through the Office of Historic
Preservation, shall prepare and 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 Section
5917.
5913. The funds authorized in paragraph (5) of subdivision (a) of
Section 5907 shall be available as grants on a competitive basis to
local units of government, and nonprofit organizations authorized to
provide park, recreation, or open-space services or facilities to the
general public. The Director of Parks and Recreation shall prepare
and adopt criteria and procedures for evaluating those competitive
grants for trail development.
5914. An application for a grant pursuant to subdivision (a) or (b)
of Section 5907 shall be submitted to the Director of Parks and
Recreation for review and approval; an application for a grant
pursuant to subdivision (d) of Section 5907 shall be submitted to the
Director of the State Coastal Conservancy for review and approval;
an application for a grant pursuant to paragraph (1) of subdivision
(e) of Section 5907 shall be submitted to the Director of Fish and
Game for review and approval; an application for a grant pursuant to
paragraph (2) of subdivision (e) of Section 5907 shall be submitted
to the Director of Forestry for review and approval; an application
for a grant pursuant to paragraph (3) of subdivision (e) of Section
5907 shall be submitted to the Director of Water Resources for review
and approval; and an application for a grant pursuant to paragraph
(4) of subdivision (e) of Section 5907 shall be submitted to the
Director of the Santa Monica Mountains Conservancy for review and
approval.
5915. (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 paragraph (2) of subdivision (b) of Section 5907 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 a report
consisting of a priority listing and comparative evaluation of all
projects nominated for study not later than March 1, 1989.
5916. (a) Acquisition of real property for the state park system by
purchase or by eminent domain shall be under the Property
Acquisition Law (Part 11 (commencing with Section 15850) of Division
3 of Title 2 of the Government Code).
(b) Work efforts for stewardship purposes pursuant to subparagraph
(H) of paragraph (2) of subdivision (b) of Section 5907 may include,
but are not limited to, objectives such 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 park
system operations or which are usually funded from other sources.
5917. Funds granted pursuant to Section 5907 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, city and county, district, or nonprofit organization. If
those lands are not owned by the applicant, the applicant shall first
demonstrate to the satisfaction of the administering agency that the
project will provide public benefits commensurate with the type and
duration of interest in land held by the applicant.
5918. Every expenditure pursuant to this division shall comply with
the California Environmental Quality Act (Division 13 (commencing
with Section 21000)).
5919. (a) No state funds authorized under Section 5907 may be
disbursed unless the applicant agrees:
(1) To maintain and operate the property acquired, developed,
rehabilitated, or restored with the funds in perpetuity. With the
approval of the granting agency, the applicant or its successors in
interest in the property may transfer the responsibility to maintain
and operate the property in accordance with this section.
(2) To use the property only for the purposes of this division and
to make no other use, sale, or other disposition of the property
except as authorized by specific act of the Legislature.
All applicants for a grant pursuant to paragraph (3) of
subdivision (b) and pursuant to subdivisions (c), (d), and (e) of
Section 5907 shall submit an application to the administering agency
for grant approval. Each application shall include in writing the
agreements specified in paragraphs (1) and (2) of this subdivision.
The agreements specified in paragraphs (1) and (2) of this
subdivision shall not prevent the transfer of property acquired,
developed, rehabilitated, or restored with funds authorized pursuant
to Section 5907 from the applicant to a public agency, provided the
successor public agency assumes the obligations imposed by those
agreements.
(b) If the use of the property acquired through grants pursuant to
this division is changed to one other than permitted under the
category from which the funds were appropriated, or the property is
sold or otherwise disposed of, an amount equal to the (1) amount of
the grant, (2) the fair market value of the real property, or (3) the
proceeds from the portion thereof, acquired, developed,
rehabilitated, or restored with the grant shall be used by the
grantee, subject to subdivision (a), for a purpose authorized in that
category or shall be reimbursed to the fund and be available for
appropriation only for a use authorized in that category.
If the property sold or otherwise disposed of is less than the
entire interest in the property originally acquired, developed,
rehabilitated, or restored with the grant, an amount equal to the
proceeds or the fair market value of the property interest sold or
otherwise disposed of, whichever is greater, shall be used by the
grantee, subject to subdivision (a) of this section, for a purpose
authorized in that category or shall be reimbursed to the fund and be
available for appropriation only for a use authorized in that
category.
5920. (a) All real property acquired pursuant to this division
shall be acquired in compliance with Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 of the Government Code. The
administering agency shall prescribe procedures sufficient to assure
compliance by local public agencies and nonprofit organizations which
receive funds under Section 5907.
(b) For the purposes of this division, 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, transfers of development rights or
credits, and purchases of development rights and other interests.
(c) All grants, gifts, devises, or bequests to the state,
conditional or unconditional, for park, conservation, recreational,
agricultural, or other purposes for which real property may be
acquired or developed pursuant to this division, 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 are available, when appropriated by the
Legislature, for expenditure for the purposes specified in Section
5907.
5921. (a) With respect to Section 5907, all appropriations for the
purposes of subdivision (a), paragraph (2) of subdivision (b),
paragraph (1) of subdivision (d), and paragraphs (1), (2), (3), and
(4) of subdivision (e) for the program shall be included in a section
of the Budget Bill for the 1989-90 fiscal year and each succeeding
fiscal year for consideration by the Legislature and shall bear the
caption "California Wildlife, Coastal, and Park Land Conservation
Program." The section shall contain separate items for each project,
each class of project, or each element of the program for which an
appropriation is made.
(b) All appropriations specified in subdivision (a) 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 Budget Act shall contain proposed
appropriations only for the program elements and classes of projects
contemplated by this division, and no funds derived from the bonds
authorized by law for the purposes of this division may be expended
pursuant to an appropriation not contained in those sections of the
Budget Act.
(c) All funds not described in subdivision (a) are appropriated
directly to the state or local agency which is to administer them.
These funds are not subject to appropriation by the Legislature
except as provided in Section 5922.
5922. With respect to Section 5907, if money allocated pursuant to
paragraphs (1) and (3) of subdivision (b)