Bill Text: CA SB679 | 2009-2010 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: SB 679	AMENDED
	BILL TEXT

	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, as amended, 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 than   purposes incompatible with 
park purposes without the substitution of other land. This bill would
require the  California   State  Parks and
Recreation Commission  , following a duly noticed public
hearing,  to certify that all requests to dispose of or use the
land for other  than   purposes incompatible
with  park purposes provide for the substitution of other land
meeting certain criteria. 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  than   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.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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
 than   purposes incompatible with  park
purposes without the substitution of other land pursuant to
subdivision (b).
   (b) (1)  The California Park   Following
  a duly noticed public hearing, the State Parks  and
Recreation Commission shall certify that all requests to dispose of
or use for other  than   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:
   (A)  Equal   Has equal  environmental
value or other value for which the park was established.
   (B) Has the same or greater fair market value, as established by
an approved appraisal. 
   (C) Is within the same geographical area.  
   (C) 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. 
   (D) Provides reasonably equivalent public access and recreational
value, or has reasonably equivalent natural, cultural, or historic
significance.
   (2) The commission shall consider requests only if  the
commission determines that  all practical alternatives that
avoid the proposed disposal or use of park lands for other 
than   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.  
   (c) 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.