This chapter shall be known and may be cited as the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976.
Chapter 1.68Nejedly-Hart State, Urban,and Coastal Park Bond Act of 1976
Section § 5096.111
This law section establishes the official title of a specific piece of legislation, which is called the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976.
Nejedly-Hart State parks Urban parks Coastal parks 1976 bond act Park Bond Act California parks funding Recreational areas Environmental conservation Public spaces improvement State park development Recreational facilities Park infrastructure Outdoor recreation Green spaces
Section § 5096.112
This section emphasizes California's commitment to providing recreational opportunities and preserving natural and historical resources. The state aims to offer recreational activities for all people, regardless of their background or income. It prioritizes the protection and restoration of coastal resources for enjoyment by current and future generations. Proper planning and development of parks and recreation areas can improve the environment and boost the economy. Thus, it's essential for the state to acquire, develop, and restore these areas, as well as support local governments in similar efforts.
The Legislature hereby finds and declares that:
(a)CA Public Resources Code § 5096.112(a) It is the responsibility of this state to provide and to encourage the provision of recreational opportunities for the citizens of California.
(b)CA Public Resources Code § 5096.112(b) It is the policy of the state to preserve, protect, and, where possible, to restore coastal resources which are of significant recreational or environmental importance for the enjoyment of present and future
generations of persons of all income levels, all ages, and all social groups.
(c)CA Public Resources Code § 5096.112(c) When there is proper planning and development, parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects contribute not only to a healthy physical and moral environment, but also contribute to the economic betterment of the state, and, therefore, it is in the public interest for the state to acquire, develop, and restore areas for recreation, conservation, and preservation and to aid local governments of the state in acquiring, developing, and restoring such areas as will contribute to the realization of the policy declared in this chapter.
recreational opportunities preservation coastal resources environmental importance parks beaches recreational facilities historical resources economic betterment public interest conservation restoration local government support social inclusion community development
Section § 5096.113
This law section highlights the severe shortage of parks, beaches, recreational areas, and historical resources projects in California, especially in urban areas where most of the population resides. Demand is outstripping supply, with urban social problems worsening due to this lack of facilities.
California's coastline is particularly stressed, with a high demand for recreational activities like fishing and swimming, but not enough facilities to meet this demand. Immediate action to fund and acquire these sites is critical, as land prices rise and availability decreases.
The legislature emphasizes that current funding programs are inadequate, and there's an urgent need to ensure these facilities are not lost and more are acquired and improved. Overall, the law calls for a well-coordinated state program to expand public access to coastal and recreational areas swiftly.
The Legislature further finds and declares that:
(a)CA Public Resources Code § 5096.113(a) The demand for parks, beaches, recreation areas and recreational facilities, and historical resources preservation projects in California is far greater than what is presently available, with the number of people who cannot be accommodated at the area of their choice or any comparable area increasing rapidly.
(b)CA Public Resources Code § 5096.113(b) The demand for parks, beaches, recreation areas
and recreational facilities, and historical resources preservation projects in the urban areas of our state are even greater: over 90 percent of the present population of California reside in urban areas; there continues to be approximately a 30 percent deficiency in open space and recreation areas in the metropolitan areas of the state; less urban land is available, costs are escalating, and competition for land is increasing.
(c)CA Public Resources Code § 5096.113(c) There is a high concentration of urban social problems in California’s major metropolitan areas which can be partially alleviated by increased recreational opportunities.
(d)CA Public Resources Code § 5096.113(d) California’s coast provides a great variety of recreational opportunities not found at inland sites; it is heavily used because the state’s major urban areas lie, and 85 percent of the state’s population lives, within 30 miles of the Pacific Ocean; a shortage of facilities for
almost every popular coastal recreation activity exists; and there will be a continuing high demand for popular coastal activities such as fishing, swimming, sightseeing, general beach use, camping, and day use. Funding for the acquisition of a number of key coastal sites is critical at this time, particularly in metropolitan areas where both the demand for and the deficiency of recreational facilities is greatest. Current development pressures in urbanized areas threaten to preclude public acquisition of these key remaining undeveloped coastal parcels unless these sites are acquired in the near future.
(e)CA Public Resources Code § 5096.113(e) Increasing and often conflicting pressures on limited coastal land and water areas, escalating costs for coastal land, and growing coastal recreational demand requires, as soon as possible, funding for, and the acquisition of, land and water areas needed to meet demands for coastal recreational opportunities and to implement recommendations
for acquisitions of the Coastal Plan prepared and adopted in accordance with the requirements of the California Coastal Zone Conservation Act of 1972.
(f)CA Public Resources Code § 5096.113(f) By 1980, the need for local parks, beaches, and recreation areas and recreational facilities will be nearly twice as great as presently required.
(g)CA Public Resources Code § 5096.113(g) By 1980, unless the lands and waters that hold recreation potential today are acquired or reserved for recreation as soon as possible, there will be a marked shortage of recreation lands and waters on a local and regional basis.
(h)CA Public Resources Code § 5096.113(h) Cities, counties, and districts must exercise constant vigilance to see that the parks, beaches, recreation lands and recreational facilities, and historical resources they now have are not lost to other uses; they should acquire additional lands as such lands become available; they should
take steps to improve the facilities they now have.
(i)CA Public Resources Code § 5096.113(i) Past and current funding programs have not and cannot meet present deficiencies.
(j)CA Public Resources Code § 5096.113(j) There is a pressing need to provide statutory authority and funding for a coordinated state program designed to provide expanded public access to the coast, to preserve prime coastal agricultural lands, and to restore and enhance natural and man-made coastal environments.
(k)CA Public Resources Code § 5096.113(k) In view of the foregoing, the Legislature declares that an aggressive, coordinated, funded program for meeting existing and projected recreational demands must be implemented without delay.
parks demand recreational facilities shortage urban recreational needs coastal recreational demand California coastline land acquisition urgency urban social problems funding limitations open space deficiency coastal plan implementation public access expansion prime coastal land preservation environmental restoration facility improvement state recreation program
Section § 5096.114
This law allows for issuing and selling bonds worth up to $280 million to fund specific projects detailed later. The money can also be used to repay another California fund related to bond expenses. These bonds are a secure financial commitment by the State of California, which promises to pay back the full amount plus interest on time.
Bonds in the total amount of two hundred eighty million dollars ($280,000,000), 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 hereinafter, and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. Said 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 are hereby pledged for the
punctual payment of both principal and interest on said bonds as said principal and interest become due and payable.
state bonds funding projects bond sale obligation bonds California financial commitment bond principal repayment reimbursement fund General Obligation Bond Expense Revolving Fund Section 16724.5 bond interest payment project funding government bonds state credit pledge California bonds public finance
Section § 5096.115
Each year, the state must collect extra money along with regular state revenue to pay off both the principal and the interest on specific bonds that are due that year. This means anyone involved in collecting state revenue must also do what is needed to gather this additional money.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected such sum in addition to the ordinary revenues of the state as shall be required to pay the principal and interest on said bonds maturing in said year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue to do and perform each and every act which shall be necessary to collect such additional sum.
bond repayment state revenue collection principal and interest payment annual collection revenue officers debt service government bonds funding obligations public finance fiscal responsibility
Section § 5096.116
This law allows funds from California's General Fund to be used for two main purposes: firstly, to cover the principal and interest payments on bonds issued under this chapter as they come due; secondly, to fund activities outlined in Section 5096.117, without limiting the money to specific fiscal years, meaning the funds can be used at any time as needed.
There is hereby appropriated from the General Fund in the State Treasury for the purpose of this act, such an amount as will equal the following:
(a)CA Public Resources Code § 5096.116(a) Such sum annually as will be necessary to pay the principal and interest on bonds issued and sold pursuant to the provisions of this chapter, as said principal and interest become due and payable.
(b)CA Public Resources Code § 5096.116(b) Such sum as is necessary to carry out the provisions of Section
5096.117, which sum is appropriated without regard to fiscal years.
General Fund appropriation bond payments interest on bonds principal on bonds California state bonds Section 5096.117 funding non-fiscal year appropriation state treasury funding bond issuance financial obligations California bond financing state financial appropriations public resource code state funding legislation continuous appropriation
Section § 5096.117
This law section allows the Director of Finance to take money from California's General Fund—up to the total value of unsold bonds authorized for this purpose—and deposit it into special funds for parks and coastal conservancy. This financial maneuver is essentially a temporary borrowing. Once the bonds are sold, the money borrowed from the General Fund must be paid back using the proceeds from those bond sales.
For the purposes of carrying out the provisions of this chapter the Director of Finance may by executive order 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 State, Urban, and Coastal Park Fund or the State Coastal Conservancy, which depositories are hereby created. Any moneys made available under this section shall be returned to the General
Fund from moneys received from the sale of bonds sold for the purpose of carrying out the provisions of this chapter.
Director of Finance General Fund withdrawal unsold bonds executive order State Urban and Coastal Park Fund State Coastal Conservancy bond sales temporary borrowing fund deposit financial allocation bond proceeds repayment parks funding coastal conservancy funding fund depositories
Section § 5096.1175
This section gives the California State Treasurer the authority to handle bond proceeds in a specific way. If bonds are sold with an opinion stating that their interest is tax-exempt federally, the Treasurer can keep separate accounts for the proceeds and any money earned from them. The Treasurer can then use this money to pay any required fees or take other actions to maintain the tax-exempt status or gain other federal benefits for the state funds.
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.
California State Treasurer bond proceeds tax-exempt status federal tax purposes bond counsel opinion investment earnings rebate payment penalty payment federal law compliance separate accounts for bond proceeds tax advantage state funds bond act Treasurer's authority investment of bond proceeds
Section § 5096.118
Money from bonds sold under this law goes into specific funds for parks and coastal areas. These funds can only be used as described in this law, and only when the Legislature says so.
The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State, Urban, and Coastal Park Fund or the State Coastal Conservancy. The money in such depositories may be expended only for the purposes specified in this chapter and only pursuant to appropriation by the Legislature in the manner hereinafter prescribed.
bond proceeds State Urban and Coastal Park Fund State Coastal Conservancy expenditure limitations legislative appropriation park funding coastal area funding state funds allocation public resource funds California bond law urban park support coastal conservation funding
Section § 5096.119
This law outlines how funding for two specific programs must be presented and approved in California's Budget Bill each fiscal year. One section, labeled the "Nejedly-Hart State, Urban, and Coastal Park Bond Act Program," details the necessary funding for various park projects. Another section, titled "State Coastal Conservancy," specifies funds for coastal conservation projects. Each individual project needs a separate appropriation. These proposed appropriations must comply with general fiscal laws unless the Legislature specifically exempts them. Additionally, funds from bonds can't be used if they aren't included in these specific sections of the Budget Act.
All proposed appropriations for the program specified in Section 5096.124 shall be included in a section in the Budget Bill for each fiscal year for consideration by the Legislature, and shall bear the caption “Nejedly-Hart State, Urban, and Coastal Park Bond Act Program.” The section shall contain separate items for each project for which an appropriation is made.
All proposed appropriations for purposes specified in Section 5096.125 shall be included in a section of the Budget Bill for each
fiscal year for consideration by the Legislature, and shall bear the caption “State Coastal Conservancy.” The section shall contain separate items for each project for which an appropriation is made.
Such appropriations shall be subject to all limitations contained in the Budget Bill and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from such laws by a statute enacted by the Legislature. Such sections shall contain proposed appropriations only for the programs 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 such sections of the Budget Act.
Nejedly-Hart State Urban and Coastal Park Bond Act State Coastal Conservancy Budget Bill appropriations fiscal year project funding park project appropriations coastal conservation funding separate project items fiscal limitations state bond funds legislative approval budget act sections appropriation rules fiscal law compliance project itemization environmental funding
Section § 5096.120
This law states that any bonds allowed by this chapter must follow the rules laid out in the State General Obligation Bond Law. That means, these bonds have to be prepared, issued, sold, paid off, and redeemed according to specific guidelines. All the rules from the General Obligation Bond Law apply to these bonds, even if they're not written out here.
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, Division 4, Title 2 of the Government Code) and all of the provisions of that law are applicable to the bonds and to this chapter, and are hereby incorporated in this chapter as though set forth in full herein.
bonds State General Obligation Bond Law bond preparation bond execution bond issuance bond sale bond payment bond redemption Government Code Section 16720 bond rules financial obligation procedures Chapter 4 compliance Part 3 Division 4 Title 2
Section § 5096.121
This section establishes the State Park and Recreation Finance Committee in California. The committee is made up of five members: the Governor, State Controller, Director of Finance, State Treasurer, and the Secretary of the Resources Agency. In this context, the committee handles matters related to the State General Obligation Bond Law. Additionally, the Secretary of the Resources Agency is designated as the 'board' for related tasks in this chapter and with regard to the State General Obligation Bond Law.
The State Park and Recreation Finance Committee is hereby created. The committee consists of the Governor, the State Controller, the Director of Finance, the State Treasurer, and the Secretary of the Resources Agency. For the purposes of this chapter the State Park and Recreation Finance Committee shall be “the committee” as that term is used in the State General Obligation Bond Law. The Secretary of the Resources Agency is hereby designated as “the board” for the purposes of this chapter and for the purposes of the State General Obligation
Bond Law.
State Park and Recreation Finance Committee Governor State Controller Director of Finance State Treasurer Secretary of the Resources Agency General Obligation Bond Law committee roles board designation resource management financial oversight bond law responsibilities California state finance park funding recreational finance
Section § 5096.122
This law states that any money earned from premiums and interest on bonds, which is placed in the State, Urban, and Coastal Park Fund or the State Coastal Conservancy, should be kept in specific bank accounts. These funds can then be transferred to the General Fund to help pay for the interest on those bonds.
All money deposited in the State, Urban, and Coastal Park Fund or the State Coastal Conservancy which is derived from premium and accrued interest on bonds sold shall be reserved in such depositories and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
State Urban Park Fund Coastal Park Fund State Coastal Conservancy bond premiums accrued interest bond interest payments General Fund transfer environmental funding financial reserves bond expenditures park conservation financing interest on bonds fund depositories park and coastal funding reserve funds
Section § 5096.123
This section explains specific terms used in a chapter about bonds for funding parks, beaches, and historical resource projects. It defines 'state grants' as money from selling bonds that the state uses to give financial support to local governments for acquiring, developing, or restoring land for recreational purposes. A 'district' is any park and recreation service provider, but not a school district. 'Historical resource' is broadly defined to include significant sites in California's history or culture. A 'historical resources preservation project' refers to efforts to maintain sites on the National Register of Historic Places or recognized as historical landmarks or points of interest. 'Coastal recreational resources' are areas close to the Pacific Ocean available for parks and recreation, which may include historically significant spaces and open spaces that enhance leisure areas.
As used in this chapter and for the purposes of this chapter as used in the State General Obligation Bond Law, the following words shall have the following meanings:
(a)CA Public Resources Code § 5096.123(a) “State grant” or “state grant moneys” means moneys received by the state from the sale of bonds authorized by this chapter which are available for grants to counties, cities, and districts for acquisition, development, or restoration of real property for park, beach, recreational, and historical resources
preservation purposes.
(b)CA Public Resources Code § 5096.123(b) “District” means any district authorized to provide park and recreation services, except a school district.
(c)CA Public Resources Code § 5096.123(c) “Historical resource” includes, but is not limited to, any building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.
(d)CA Public Resources Code § 5096.123(d) “Historical resources preservation project” is a project designed to preserve an historical resource which is either listed in the National Register of Historic Places or is registered as either a state historical landmark or point of historical interest pursuant to Section 5021.
(e)CA Public Resources Code § 5096.123(e) “Coastal
recreational resources” means those land and water areas adjacent to or in close proximity to the Pacific Ocean which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas.
state grants bond sales funding for parks historical resources recreational areas historical preservation projects National Register of Historic Places state historical landmark coastal recreational resources Pacific Ocean beachfronts local government grants acquisition of land development of recreational areas site restoration significant cultural sites
Section § 5096.124
This law outlines how money from the State, Urban, and Coastal Park Fund can be used in California. It's divided into specific categories, each with a set amount of money allocated.
Firstly, $85 million is available for counties, cities, and districts to acquire, develop, or restore parks, beaches, and historical sites. Next, $34 million is for the state park system, divided into acquisition, planning, and development tasks. Another $110 million is set aside for acquiring coastal recreational resources, prioritizing areas that serve urban recreational needs or hold significant environmental value. Additionally, $15 million is allocated for wildlife management, focusing on coastal projects.
Moreover, $26 million is designated for recreation facilities within the State Water Facilities, with precise allocations for departments like Parks and Recreation, Water Resources, and Boating and Waterways. The funds aim to preserve open spaces, historical resources, and facilitate urban recreational access.
Cities and districts may also use a portion of these funds to develop public indoor recreational facilities, provided they have long-term ownership or lease agreements for the land.
Except as otherwise provided in this section or elsewhere in this chapter, all money deposited in the State, Urban, and Coastal Park Fund shall be available for appropriation as set forth in Section 5096.119 for the purposes set forth below in amounts not to exceed the following:
(a)CA Public Resources Code § 5096.124(a) For grants to counties, cities, and districts for the acquisition, development,
or restoration of real property for park, beach, recreational, and historical resources preservation purposes, including state administrative costs
........................
$85,000,000
(b)CA Public Resources Code § 5096.124(b) For acquisition, development, or restoration of real property for the state park system in accordance with the following schedule
........................
$34,000,0000
Schedule:
(1)CA Public Resources Code § 5096.124(1) Thirteen million dollars ($13,000,000) for acquisition and costs for planning and interpretation.
(2)CA Public Resources Code § 5096.124(2) Twenty-one million dollars ($21,000,000) for development of real property, historical resources, and costs for planning and interpretation.
(c)CA Public Resources Code § 5096.124(c) For acquisition of coastal recreational resources, consisting of real property for the state park system and costs of planning and interpretation
........................
$110,000,000
(d)CA Public Resources Code § 5096.124(d) For the acquisition or development of real property for wildlife management in accordance with the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and Game Code), including costs for planning and interpretation
in accordance with the following schedule
........................
$15,000,000
Schedule:
(1)CA Public Resources Code § 5096.124(1) Ten million dollars ($10,000,000) for coastal projects.
(2)CA Public Resources Code § 5096.124(2) Five million dollars ($5,000,000) for all projects, including coastal projects.
(e)CA Public Resources Code § 5096.124(e) For recreational facilities of the State Water Facilities, as defined in paragraphs (1) to (4), inclusive, of subdivision (d) of Section 12934 of the Water Code, for allocation in accordance with the following schedule
........................
$26,000,000
Schedule:
(1)CA Public Resources Code § 5096.124(1) Fifteen million dollars ($15,000,000) to the Department of Parks and Recreation, of which up to six million dollars ($6,000,000) may be used for recreational facilities at Lake Elsinore, whether or not such facilities are a part of the State Water Facilities.
(2)CA Public Resources Code § 5096.124(2) Five million dollars ($5,000,000) to the Department of Water Resources.
(3)CA Public Resources Code § 5096.124(3) Six million dollars ($6,000,000) to the Department of Boating and Waterways.
It is the
intent of the Legislature that funds expended pursuant to subdivisions (a) and (b) of this section may be used for the acquisition of parks, beaches, open-space lands, and historical resources, and for development rights and scenic easements in connection with such lands and resources, and, in the case of grants to counties, cities, and districts, also for the development or restoration of such lands or resources and that funds expended pursuant to subdivision (c) of this section be in accordance with the following criteria and priorities:
(1)CA Public Resources Code § 5096.124(1) The first priority for the acquisition of coastal recreational resources is as follows:
(i)CA Public Resources Code § 5096.124(1)(i) Land and water areas best suited to serve the recreational needs of urban populations.
(ii)CA Public Resources Code § 5096.124(1)(ii) Land and water areas of significant environmental importance, such as habitat protection.
(iii)CA Public Resources Code § 5096.124(1)(iii) Land and water areas in either of the above categories shall be given the highest priority when incompatible uses threaten to destroy or substantially diminish the resource value of such area.
(2)CA Public Resources Code § 5096.124(2) The second priority for the acquisition of coastal recreational resources is as follows:
(i)CA Public Resources Code § 5096.124(2)(i) Land for physical and visual access to the coastline where public access opportunities are inadequate or could be impeded by incompatible uses.
(ii)CA Public Resources Code § 5096.124(2)(ii) Remaining areas of high recreational value.
(iii)CA Public Resources Code § 5096.124(2)(iii) Areas proposed as a coastal reserve or preserve, including areas that are or include restricted natural communities, such as ecological areas that are scarce, involving only a limited area; rare and
endangered wildlife species habitats; rare and endangered plant species ranges; specialized wildlife habitats; outstanding representative natural communities; sites with outstanding educational value; fragile or environmentally sensitive resources; and wilderness or primitive areas. Areas meeting more than one of these criteria may be considered as being especially important.
(iv)CA Public Resources Code § 5096.124(2)(iv) Highly scenic areas that are or include landscape preservation projects designated by the Department of Parks and Recreation; open areas identified as being of particular value in providing visual contrast to urbanization, in preserving natural landforms and significant vegetation, in providing attractive transitions between natural and urbanized areas, or as scenic open space; and scenic areas and historical districts designated by cities and counties. All real property acquired pursuant to this chapter shall be acquired in compliance with Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 of the Government Code, and procedures sufficient to ensure compliance shall be prescribed by the Department of Parks and Recreation.
It is the further intent of the Legislature that funds granted pursuant to subdivision (a) of this section may be used by counties, cities, and districts for the acquisition, development, and restoration of public indoor recreational facilities, including enclosed swimming pools, gymnasiums, recreation centers, historical buildings, and museums. For development, the land must be owned by, or subject to a long-term lease to, the applicant county, city, or district. The lease shall be for a period of not less than 25 years from the date an application for a grant is made and shall provide that it may not be revoked at will during that period.
State Urban and Coastal Park Fund grants to counties parks acquisition state park system development coastal recreational resources wildlife management State Water Facilities recreational facilities urban recreational needs coastal projects planning and interpretation costs historical resources preservation public indoor recreational facilities long-term lease requirements environmental protection priorities
Section § 5096.125
This law outlines how up to $10 million deposited in the State Coastal Conservancy can be spent. It focuses on restoring coastal lands, preserving agricultural lands from urban development, aiding other public agencies in acquiring land for coastal recreation, protecting lands near parks and preserves through easements, and providing public access to coastal areas. It also covers administrative costs. Importantly, funds can be used only if the state legislature designates a responsible agency by 1980. Otherwise, the funds will be redirected to a different park fund. The law allows for buying land outright or acquiring lesser interests in it.
Except as otherwise provided in this section and elsewhere in this chapter, all money deposited in the State Coastal Conservancy shall be available for appropriation, as provided in Section 5096.119, for the purposes set forth in this section, in a total amount not to exceed ten million dollars ($10,000,000):
(a)CA Public Resources Code § 5096.125(a) For restoration and enhancement of degraded coastal lands, especially habitat areas and lands near urban areas, that are suitable for intensive or passive
recreational use.
(b)CA Public Resources Code § 5096.125(b) For the selective acquisition of prime coastal agricultural lands proposed for conversion to nonagricultural use, to prevent urban intrusions into agricultural areas and to assemble coastal agricultural lands into parcels of economic size, using appropriate techniques such as purchase and leaseback or resale of lands for productive use.
(c)CA Public Resources Code § 5096.125(c) For the preacquisition of lands for reconveyance to other public agencies for coastal recreational resources preservation purposes.
(d)CA Public Resources Code § 5096.125(d) For the selective acquisition of easements and development rights on lands adjacent to public parks or wildlife preserves on or near the coast, to establish a buffer of privately owned land for use consistent with the purposes of the park or preserve and to minimize the need for future acquisitions around existing parks and
wildlife preserves.
(e)CA Public Resources Code § 5096.125(e) For the acquisition or acceptance of lands providing public access to and along the coast.
(f)CA Public Resources Code § 5096.125(f) For the costs of administration and planning.
It is the intent of the Legislature that no funds allocated in this chapter to the State Coastal Conservancy shall be expended unless and until the Legislature has enacted legislation authorizing the administration of the conservancy by an existing state agency or a new state agency and has, in such legislation, set forth the purposes, powers, and duties of such agency. If the Legislature has not assigned such authority to an existing or new state agency by January 1, 1980, the funds allocated in this chapter to the State Coastal Conservancy shall be transferred to the State, Urban, and Coastal Park Fund and shall be allocated for expenditure for the purposes specified in
subdivision (c) of Section 5096.124.
It is the further intent of the Legislature that funds expended pursuant to this section may be used for acquisition of fee title to real property or any other interest in real property that is less than the fee.
State Coastal Conservancy coastal land restoration habitat enhancement urban area proximity prime coastal agricultural lands nonagricultural conversion urban intrusion prevention purchase and leaseback public access to coast easements development rights buffer zones recreational resources conservancy administration public parks
Section § 5096.126
This law states that once the Legislature decides which state agency will handle the State Coastal Conservancy, any projects using state funds must follow the process outlined by the Legislature.
After the Legislature has authorized the administration of the State Coastal Conservancy by an existing or new state agency, any project involving state funds pursuant to Section 5096.125 shall originate and be processed in the manner to be specified by the Legislature in such authorizing legislation.
State Coastal Conservancy state agency administration project funding process legislative authorization state funds project origination project processing authorizing legislation California coast state-managed projects
Section § 5096.127
This law section outlines how certain funds should be distributed to California counties for grants. The funds are allocated based on county populations as estimated in 1980. Counties must collaborate with cities and districts to create and submit a spending priority plan for approval. Each plan must be approved by at least half of the local entities and the county's board of supervisors. The plan should be submitted by June 30, 1978, to avoid a yearly 10% funding cut. If no agreement is reached by June 30, 1980, the remaining funds will be redistributed to important projects. Individual cities or districts can directly apply for project funds.
(a)CA Public Resources Code § 5096.127(a) All of the funds authorized by subdivision (a) of Section 5096.124 for grants, shall be allocated to the counties, such allocation to be based upon the estimated population of the counties on July 1, 1980, as projected by the Department of Finance.
(b)CA Public Resources Code § 5096.127(b) Each county’s apportionment of such funds shall be in the same ratio as the county’s population is to the state’s total population; provided, however, that each county having a projected 1980 population
of 40,000 or fewer persons shall receive an allocation of two hundred thousand dollars ($200,000); and provided, further, that any grant made to a city or district shall be subtracted from the total otherwise allocable under the provisions of this chapter to the county or counties in which the city or district is located.
(c)CA Public Resources Code § 5096.127(c) Each county shall consult with all cities and districts within the county and shall develop and submit to the state for approval a priority plan for expenditure of the county’s allocation. The priority plan for expenditure shall consist of an allocation of the county’s funds to the eligible recipients specified in subdivision (a) of Section 5096.124. The priority plan for expenditure may include the names of individual projects under each governmental jurisdiction. The priority plan for expenditure shall be submitted to the Director of Parks and Recreation prior to June 30, 1978. The priority plan for expenditure of the
total county allocation shall be approved by at least 50 percent of the cities and districts representing 50 percent of the population of the cities and districts within the county, and by the county board of supervisors. Failure to submit an approved priority plan by June 30, 1978, shall result in a 10-percent annual reduction of the total county allocation until the priority plan is submitted. Any funds not allocated to a county shall remain in the State, Urban, and Coastal Park Fund and shall be expended under the same conditions as set forth in Section 5096.128 in 1983. By June 30, 1980, if agreement on the priority plan for expenditure has not been submitted to the Director of Parks and Recreation, the county board of supervisors shall petition the Director of Parks and Recreation to distribute to high-priority projects the remaining 80 percent of the county’s allocation.
(d)CA Public Resources Code § 5096.127(d) Applications for individual projects may be submitted directly
to the Director of Parks and Recreation by individual jurisdictions.
fund allocation county grants population-based distribution priority plan county consultations funding reduction project applications Director of Parks and Recreation high-priority projects urban park fund 1978 deadline 1980 population estimate county board of supervisors inter-jurisdictional collaboration fund distribution process
Section § 5096.128
This law requires the Secretary of the Resources Agency to calculate the remaining unspent money in the State, Urban, and Coastal Park Fund as of July 1, 1983. A budget program needs to be prepared for the 1984-1985 fiscal year that allocates this leftover money. The projects funded will be ones considered most important and can exceed the usual spending limits set out in a previous section.
On July 1, 1983, the Secretary of the Resources Agency shall cause to be totaled the unencumbered balances remaining in the State, Urban, and Coastal Park Fund. A program shall be submitted in the budget for the 1984–1985 fiscal year to appropriate this balance. This program shall consist of projects deemed to be of highest priority from among the purposes expressed in subdivisions (a) to (e), inclusive, of Section 5096.124 and shall not be subject to the maximum amounts allocated to those purposes in Section 5096.124.
unencumbered balances State Park Fund Urban Park Fund Coastal Park Fund budget appropriation fiscal year 1984-1985 highest priority projects fund allocation project prioritization Subdivisions (a) to (e) Section 5096.124 funding limits Resources Agency Secretary remaining balances state budgeting
Section § 5096.129
This section explains how projects that use only state funds should start in California. These projects can begin with a resolution from the Legislature or State Park and Recreation Commission, or through the Secretary of the Resources Agency. Some projects might also be initiated at the request of the Director of Water Resources.
The costs for studying these projects will come from the State, Urban, and Coastal Park Fund. Any funds for projects as outlined in a related section are allocated from this Fund and must follow the rules set in the Wildlife Conservation Law of 1947.
Any project involving state funds only, pursuant to subdivisions (b), (c), and (e) of Section 5096.124, shall originate by resolution of the Legislature or of the State Park and Recreation Commission directing a study of the proposed project or by action of the Secretary of the Resources Agency, either on his own initiative, or, with respect to projects to be funded pursuant to subdivision (e) of Section 5096.124, at the request of the Director of Water Resources, directing a study of the proposed project.
The costs of these project studies shall be borne by the State, Urban, and Coastal Park Fund.
Allocations for the purposes of subdivision (d) of Section 5096.124 that are authorized by the Legislature and approved by the Governor shall be made from the State, Urban, and Coastal Park Fund and shall be expended in accordance with the provisions of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300), Division 2, Fish and Game Code).
state-funded projects project initiation Legislature resolution State Park and Recreation Commission Secretary of the Resources Agency Director of Water Resources project study costs State Urban and Coastal Park Fund fund allocation Wildlife Conservation Law of 1947
Section § 5096.130
If you're applying for a grant to fund a park or recreation project, you need to submit your application to the Director of Parks and Recreation. Make sure it includes a certification that your project matches your area's park and recreation plan.
You need to apply for at least $10,000, and follow the rules of the Environmental Quality Act of 1970 when submitting your state grant application. Once the Director of Parks and Recreation reviews and approves your application, it goes to the Director of Finance to possibly include it in the budget.
(a)CA Public Resources Code § 5096.130(a) An application for a grant pursuant to subdivision (a) of Section 5096.124 shall be submitted to the Director of Parks and Recreation for review. The application shall be accompanied by a certification from the planning agency of the applicant that the project is consistent with the park and recreation plan for the applicant’s jurisdiction.
(b)CA Public Resources Code § 5096.130(b) The minimum amount that may be applied for any individual grant project is ten thousand dollars ($10,000).
Any application for a state grant shall comply with the provisions of the Environmental Quality Act of 1970 (commencing with Section 21000).
(c)CA Public Resources Code § 5096.130(c) Upon completion of the grant application review by the Director of Parks and Recreation, approved projects shall be forwarded to the Director of Finance for inclusion in the Budget Bill.
grant application process Director of Parks and Recreation planning agency certification park and recreation plan minimum grant amount Environmental Quality Act of 1970 state grant requirements budget inclusion Director of Finance park funding application recreation project grant application review project consistency grant eligibility budget bill
Section § 5096.131
This law section outlines the process for reviewing certain projects related to parks and recreation in California. These projects, as proposed under various subdivisions of a different section, must be reviewed by the Secretary of the Resources Agency. The Director of Parks and Recreation is responsible for providing a statement about the priority of each project. This priority is based on the level of need to address specific deficiencies, which include issues in recreation, preservation of historical resources, and protection of natural and environmental values.
Projects proposed pursuant to subdivisions (b), (c), (d), and (e) of Section 5096.124 shall be submitted to the office of the Secretary of the Resources Agency for review. The Director of Parks and Recreation shall provide the Secretary of the Resources Agency with a statement concerning each project originated pursuant to subdivisions (b), (c), and (e) of Section 5096.124, which statement shall include the priority of the project in regard to the need to correct the following deficiencies:
(a)CA Public Resources Code § 5096.131(a) Deficiencies in providing recreation.
(b)CA Public Resources Code § 5096.131(b) Deficiencies in preserving historical resources.
(c)CA Public Resources Code § 5096.131(c) Deficiencies in preserving or protecting natural, scenic, ecological, geological, or other environmental values.
recreation project review preservation of historical resources natural resource protection environmental values project priority recreation deficiencies Secretary of the Resources Agency Director of Parks and Recreation project evaluation criteria historical resource preservation ecological protection geological values scenic values
Section § 5096.132
The Secretary of the Resources Agency reviews and submits recommended projects for funding to the Director of Finance for the Budget Bill. These projects need a favorable recommendation from the appropriate board or commission, like the Wildlife Conservation Board for wildlife-related projects and the State Park and Recreation Commission for state park projects.
The Secretary must prioritize these projects based on certain criteria and needs outlined in related sections. The priorities should also include timelines for project completion. All projects selected for the Governor's Budget must be part of the Budget Bill.
The Secretary of the Resources Agency, after completing his review, shall forward those projects recommended by the appropriate board or commission together with his comments thereon to the Director of Finance for inclusion in the Budget Bill. Projects proposed pursuant to subdivision (d) of Section 5096.124 shall be subject to the favorable recommendation of the Wildlife Conservation Board. Projects proposed for the state park system pursuant to subdivision (b) or (e) of Section 5096.124 shall be subject to the favorable recommendation of
the State Park and Recreation Commission.
In submitting the list of projects recommended for inclusion in the annual budget, the secretary shall organize the projects on a priority basis within each of the purposes as set forth in subdivisions (b), (c), (d), and (e) of Section 5096.124. This priority ranking shall be based upon the provisions of Section 5096.124 and the needs specified in Section 5096.131.
In addition, the statement setting forth the priorities shall include the relationship of each separate project on the priority list to a proposed time schedule for the acquisition, development, or restoration expenditures associated with the accomplishment of the projects contained in such list. All projects proposed in the Governor’s Budget of each fiscal year shall be contained in the Budget Bill as provided in Section 5096.119.
Resources Agency Budget Bill project prioritization Wildlife Conservation Board State Park and Recreation Commission project recommendations funding approval process priority ranking project timelines Governor's Budget
Section § 5096.133
This section states that certain projects related to parks can receive more funding if needed, as outlined in another law (Section 16352 of the Government Code). If there is leftover money in the park fund that isn't needed for its original purpose, it can be moved to support these other projects with approval from finance officials.
Projects authorized for the purposes set forth in subdivisions (b), (c), and (e) of Section 5096.124 shall be subject to augmentation as provided in Section 16352 of the Government Code. The unexpended balance in any appropriation heretofore or hereafter made payable from the State, Urban, and Coastal Park Fund which the Director of Finance, with the approval of the State Public Works Board, determines not to be required for expenditure pursuant to the appropriation may be transferred on order of the Director of Finance to, and in
augmentation of, the appropriation made in Section 16352 of the Government Code.
park projects fund augmentation unexpended balance State Urban and Coastal Park Fund Director of Finance State Public Works Board funding transfer project financing government code 16352 budget reallocation park funding determination finance approval process
Section § 5096.134
If California's Director of Parks and Recreation buys land, they might let the previous owner keep living there for a while. This is only if they agree on certain conditions, like the former owner paying any due property taxes and following specific guidelines to maintain the land for public use. Any such agreement must be recorded with the local county clerk, and it has to align with the state's intended use for the area.
The Director of Parks and Recreation may make agreements with respect to any real property acquired pursuant to subdivisions (b) and (c) of Section 5096.124 for continued tenancy of the seller of the property for a period of time and under such conditions as mutually agreed upon by the state and the seller so long as the seller promises to pay such taxes on his interest in the property as shall become due, owing, or unpaid on the interest created by such agreement, and so long as the seller conducts his operations on the land according to
specifications issued by the Director of Parks and Recreation to protect the property for the public use for which it was acquired. A copy of such agreement shall be filed with the county clerk in the county in which the property lies. Such arrangement shall be compatible with the operation of the area by the state, as determined by the Director of Parks and Recreation.
Director of Parks and Recreation real property agreements seller continued tenancy property taxes public use protection land operations specifications county clerk filing compatible land use state land acquisition property management conditions
Section § 5096.135
This law section explains the different ways the state of California can acquire property for purposes like state parks. It includes receiving property as gifts, buying it, leasing, creating easements, using eminent domain, and swapping property of equal value. It also mentions buying development rights and other interests. Importantly, any property purchased or acquired for state parks must follow specific rules known as the Property Acquisition Law.
Notwithstanding any other provisions of law, for the purposes of this chapter, acquisition may include gifts, purchases, leases, easements, eminent domain, the transfer or exchange of property for other property of like value, and purchases of development rights and other interests, unless the Legislature shall hereafter otherwise provide. Acquisition for the state park system by purchase or by eminent domain shall be under the Property Acquisition Law (commencing with Section 15850 of the Government Code), notwithstanding any other
provisions of law.
property acquisition state park system gifts purchases leases easements eminent domain property exchange development rights Property Acquisition Law Section 15850 government property transfer park development real estate interests
Section § 5096.136
This law section allows the state to accept any type of donations, whether they come with conditions or not, intended for park-related projects, conservation, recreation, or similar purposes. The appropriate department head can accept these donations with approval from the Director of Finance.
Once the state receives the donation, the money can be used for specific purposes listed in related sections, but only after the Legislature has approved the spending.
All grants, gifts, devises, or bequests to the state, conditional or unconditional, for park, conservation, recreation, or other purposes for which real property may be acquired or developed pursuant to this chapter, may be accepted and received on behalf of the state by the appropriate department head with the approval of the Director of Finance. Such grants, gifts, devises, or bequests shall be available, when appropriated by the Legislature, for expenditure for the purposes provided in Sections 5096.124 and 5096.125.
donations for parks conditional gifts unconditional gifts park projects conservation purposes recreation funding real property acquisition department head approval Director of Finance Legislature appropriation Sections 5096.124 and 5096.125 state grants bequests for public use funding for real property development
Section § 5096.137
If a state grant project involves funding from the Department of Parks and Recreation, an agreement must be signed with the applicant. This agreement ensures that the property purchased or developed with the grant is used solely for its intended purpose. Changes to its use can only happen through a legislative act. The funds are not released until this agreement is in place.
There shall be an agreement or contract between the Department of Parks and Recreation and the applicant in the case of a state grant project which shall contain therein the provisions that the property so acquired or developed shall be used by the applicant only for the purpose for which the state grant funds were requested and that no other use of the area shall be permitted except by specific act of the Legislature. No state grant funds shall be available for expenditure until such agreement has been signed.
state grant project Department of Parks and Recreation property use agreement grant funds usage legislative approval funding agreement project-specific use applicant obligations state-funded development property acquisition parks funding government grant conditions grant expenditure restrictions legal agreement requirement state property use restrictions
Section § 5096.138
This section states that when the state of California buys real property, it should mainly consist of open or natural lands, including water areas, that can be used for many recreational activities or to preserve historical resources. The money from certain bonds can't be used to build reservoirs that are part of the State Water Facilities, but it can be used to buy or develop beaches, parks, recreational amenities, and historical sites near those reservoirs.
Real property acquired by the state shall consist predominantly of open or natural lands, including lands under water capable of being utilized for multiple recreational purposes, and lands necessary for the preservation of historical resources. No funds derived from the bonds authorized by this chapter shall be expended for the construction of any reservoir designated as a part of the “State Water Facilities,” as defined in subdivision (d) of Section 12934 of the Water Code, but such funds may be expended for the acquisition or development
of beaches, parks, recreational facilities, and historical resources at or in the vicinity of any such reservoir.
real property acquisition open lands natural lands recreational purposes historical resources bond funds State Water Facilities reservoir construction beach development park development recreational facilities historical site preservation vicinity of reservoirs
Section § 5096.139
The Director of Parks and Recreation can send any proposal from state or local agencies to the State Lands Commission for acquiring lands near specific types of water bodies like tidelands or wetlands. The commission will then review the proposal within a year to see if the state has any current or potential interest in those lands and report back their findings. It’s important to note that this law does not allow the forced acquisition (condemnation) of state lands.
(a)CA Public Resources Code § 5096.139(a) The Director of Parks and Recreation may submit to the State Lands Commission any proposal by a state or local public agency for the acquisition of lands pursuant to this chapter, which lands are located on or near tidelands, submerged lands, swamp, overflowed, or other wetlands which are under the jurisdiction of the State Lands Commission, whether or not such lands are state-owned or have been granted in trust to a local public agency; and the State Lands Commission shall, within one year of such submittal,
review such proposed acquisition, make a determination as to the state’s existing or potential interest in the lands, and report its findings to the Director of Parks and Recreation, who shall forward such report to the Secretary of the Resources Agency.
(b)CA Public Resources Code § 5096.139(b) No provision of this chapter shall be construed as authorizing the condemnation of state lands.
Director of Parks and Recreation State Lands Commission land acquisition tidelands submerged lands wetlands swamp lands overflowed lands jurisdiction state-owned lands trust lands local public agency report findings Resources Agency condemnation of state lands
