Bill Text: CA AB2633 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2633 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Protection of parklands: American River Parkway: County of Sacramento: removal of persons engaged in the act of unpermitted camping and clearing of unpermitted campsites.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-06-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2633 Detail]

Download: California-2021-AB2633-Amended.html

Amended IN Assembly April 19, 2022

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2633

Introduced by Assembly Member Cooley
(Coauthors: Assembly Members Cooper and McCarty)

February 18, 2022

An act to add Article 8 (commencing with Section 5385) of to Chapter 2 of Division 5 to of the Public Resources Code, relating to parklands.

LEGISLATIVE COUNSEL'S DIGEST

AB 2633, as amended, Cooley. Protection of parklands: removal of ~~illegal~~ unpermitted campers and campsites.

Existing law authorizes the Wildlife Conservation Board to authorize the Department of Fish and Game to lease degraded potential wildlife habitat real property for specified purposes to nonprofit organizations or public agencies if the lessee agrees to restore the real property to its highest possible wildlife habitat value and maintain the real property at that value.

Existing law authorizes a county board of supervisors, in order to protect county parks from damage and preserve the peace in them, to confer on the county officer in charge of parks, and on other uniformed park employees that it may designate, the authority to issue citations for specified violations committed within a county park, as provided. Existing law authorizes the establishment of a regional park district, regional park and open-space district, and regional open-space district, as provided.

When a state agency, city, county, city and county, special district, or other political subdivision obtains possession of personal property from a person for temporary safekeeping, existing law requires that entity to take responsibility for the storage, documentation, and disposition of the property and to provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property, as specified.

This bill would authorize the board of supervisors of a county ~~or any other~~ and the governing body of a parkland or open space to order the removal of ~~illegal~~ unpermitted campers or clearing of ~~illegal~~ unpermitted campsites from its special parklands, as defined, to protect and preserve sensitive natural habitat, critical wildlife, flood infrastructure, recreational activities, public facilities, public safety, ~~and~~ or the adjacent community from significant environmental ~~degradation.~~ or other degradation. The bill would require the board or governing body, at least 72 hours before removing an unpermitted camper or clearing an unpermitted campsite, to provide written notice to the camper or campsite occupant of its intent to take that action, except when there is an imminent danger to human health or safety or an emergency. The bill would require the board or governing body, consistent with applicable law and any applicable agreements, to preserve, store, and make easily accessible to the owner, as close to the special parkland as possible, any personal property that is removed or cleared if the owner of the personal property, or the owner’s designee, is present when the personal property is removed or cleared. To the extent this bill would mandate that a local government provide a new program or higher level of service, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read:

Article 8. Protection of ParkLands Parklands

5385.

(a) ~~The board of supervisors of a county or any other~~ For purposes of this section, the following definitions apply:

(1) “Emergency” has the same meaning as defined in Section 21060.3.
(2) “Governing body” means the board of supervisors of a county or the governing body of a parkland or open space, including, but not limited to, a district as defined in Section 5500.
(3) “Imminent danger” means a danger that could be reasonably expected either to immediately cause death or serious physical harm or to cause death or serious physical harm before the danger can be eliminated, including, but not limited to, an active wildfire or a flood likely to occur within 24 hours.
(4) “Special parklands” includes parklands, open spaces, and natural preserves that have a heightened risk of damage from wildfire or other significant environmental degradation due to the unique and valuable environmental, agricultural, scientific, educational, or recreational resources located therein.

(b) (1) A governing body ~~of any parkland or open space, including, but not limited to, a regional park district as described in Chapter 3 (commencing with Section 5500),~~ may order the removal of ~~illegal~~ unpermitted campers or clearing of ~~illegal~~ unpermitted campsites from its special parklands to protect and preserve sensitive natural habitat, critical wildlife, flood infrastructure, recreational activities, public facilities, public safety, ~~and~~ or the adjacent community from significant environmental or other degradation.

(2) Before issuing an order pursuant to paragraph (1), the governing body shall designate its special parklands through a public process.
(3) At least 72 hours before removing an unpermitted camper or clearing an unpermitted campsite pursuant to an order issued pursuant to paragraph (1), the governing body shall provide written notice to the camper or campsite occupant of its intent to take that action, except when there is an imminent danger to human health or safety or an emergency.
(4) Consistent with applicable law, including Section 2080.10 of the Civil Code, and any applicable agreements, the governing body shall preserve, store, and make easily accessible to the owner, as close to the special parkland as possible, any personal property that is removed or cleared pursuant to an order issued pursuant to paragraph (1) if the owner of the personal property, or the owner’s designee, is present when the personal property is removed or cleared.
(b)For the purposes of this section, “special parklands” includes parklands, open spaces, and natural preserves that have a heightened risk of damage from wildfire or other significant environmental degradation due to the unique and valuable environmental, agricultural, scientific, educational, and recreational resources located therein.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.