Bill Text: CA SB679 | 2009-2010 | Regular Session | Enrolled
Bill Title: State parks: acquired land: limits on disposition or use.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB679 Detail]
Download: California-2009-SB679-Enrolled.html
BILL NUMBER: SB 679 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY JULY 7, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 5, 2009
INTRODUCED BY Senator Wolk
FEBRUARY 27, 2009
An act to add Section 5013.2 to the Public Resources Code,
relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 679, Wolk. State parks: acquired land: limits on disposition or
use.
The Department of Parks and Recreation, with the consent of the
Department of Finance, is authorized to acquire title to or any
interest in real property that the department deems necessary or
proper for the extension, improvement, or development of the state
park system. The department is also authorized to accept monetary and
real property gifts to be used in any connection with the state park
system.
This bill would prohibit land acquired for the state park system,
through public funds or gifts, from being disposed of or used for
other purposes incompatible with park purposes without the
substitution of other land. This bill would require the State Park
and Recreation Commission, following a duly noticed public hearing,
to certify that all requests to dispose of or use the land for other
purposes incompatible with park purposes provide for the substitution
of other land meeting certain criteria. If lands that fully meet the
substitution eligibility criteria cannot be acquired, the commission
would be authorized, if certain conditions are met, to approve a
combination of substitute park lands and monetary compensation to
allow for the disposal or use of lands for other purposes
incompatible with park purposes. The bill would require that the
commission consider requests only if the commission determines that
all practical alternatives that avoid the proposed disposal or use of
park lands for other purposes incompatible with park purposes have
been considered.
This bill would provide that its provisions shall not apply to
existing uses of state park lands that have been authorized on or
before January 1, 2010, by written agreement with the Department of
Parks and Recreation or by the general plan for a state park unit.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5013.2 is added to the Public Resources Code,
to read:
5013.2. (a) Land acquired for the state park system with public
funds or through receipt of gifts or bequests from individuals or
private entities with the express purpose of expanding or maintaining
the state park system shall not be disposed of or used for other
purposes incompatible with park purposes without the substitution of
other land pursuant to subdivision (b).
(b) Following a duly noticed public hearing, the State Park and
Recreation Commission shall certify that all requests to dispose of
or use for other purposes incompatible with park purposes land
described in subdivision (a) shall provide for the substitution of
other land that meets all of the following criteria:
(1) Has equal environmental value or other value for which the
park was established.
(2) Has the same or greater fair market value, as established by
an approved appraisal.
(3) Is located in an area that would allow for use of the
substitute park land by generally the same persons who used the
acquired land.
(4) Provides reasonably equivalent public access and recreational
value, or has reasonably equivalent natural, cultural, or historic
significance.
(c) In the event that substitute lands cannot be acquired to fully
meet the requirements of subdivision (b), the commission may approve
a combination of substitute park lands and monetary compensation to
allow for the disposal or use of lands pursuant to subdivision (a) if
all of the following criteria are met:
(1) To the greatest extent possible, all substitute lands meet the
requirements of subdivision (b).
(2) Any monetary compensation is equal to or greater than the fair
market value of the lands under subdivision (a) that are not
otherwise substituted for under paragraph (1), as established by an
approved appraisal.
(3) Any monetary compensation is sufficient to enable the
department to acquire, in fee simple, other park lands of equal
acreage to the lands not otherwise substituted for under paragraph
(1), plus the costs of developing those park lands, including park
facilities and other improvements to the land as may be deemed
necessary by the commission. The department shall give preference to
the acquisition of substitute park lands that are located generally
within the geographic region affected by the loss of park lands under
this section.
(d) The commission shall consider requests for purposes of
subdivision (b) only if the commission determines that all practical
alternatives that avoid the proposed disposal or use of park lands
for other purposes incompatible with park purposes have been
considered. In making the determination, the commission shall
consider information provided by other governmental entities with
regulatory or permitting authority over the proposed nonpark use and
other interested parties.
(e) This section shall not apply to existing uses of state park
lands that have been authorized on or before January 1, 2010, by
written agreement with the department pursuant to an existing permit,
a legally recorded deed, a memorandum of understanding, or other
written agreement with the department, or by the general plan for a
state park unit. This subdivision does not expand or facilitate the
use of state park lands beyond the current use allowed on or before
January 1, 2010, by written agreement with the department.
