Chapter 3.3The Statewide Park Development and Community Revitalization Act of 2008
Section § 5640
This law section establishes the official name for a particular set of regulations as the Statewide Park Development and Community Revitalization Act of 2008. It can be referred to by this name in legal contexts.
Section § 5641
This law sets up a program to fund the creation and development of parks and recreation facilities in areas lacking these services, especially in communities facing high unemployment and youth crime. The aim is to encourage community involvement, pride, and responsibility, making parks clean, safe, and vibrant.
It emphasizes creating secure recreational spaces for children and accommodating the special needs of seniors and other groups. California has a shortage of parks, especially in poorer communities, so the law intends to use funds from a specific act to provide competitive grants across the state for park development in the most underserved areas. It also includes technical support for applicants to maximize participation in obtaining these grants.
Section § 5642
This section defines key terms used in the chapter, focusing on parks and recreational services in California. A "city" includes any city or the City and County of San Francisco. A "critically underserved community" is defined either by having less than three acres of parkland per 1,000 people or by being a disadvantaged area with inadequate park and recreation facilities. "District" refers to various types of districts like recreation, public utility, memorial, and regional park districts that offer recreational services and must meet specific criteria. "Facilities" broadly cover spaces for sports, recreation, trails, community gardens, and more. A "nonprofit organization" here must have goals related to conservation or providing educational and recreational services and be qualified as a 501(c)(3) in California.
Section § 5643
This law section requires the Department of Parks and Recreation to create a program that provides grants to the most underserved communities in California. These grants can be used by cities, counties, districts, joint powers authorities, and nonprofit organizations to buy or develop property for parks and recreation facilities.
Additionally, the department encourages projects that involve partnerships between multiple agencies, like school districts and nonprofits, to maximize public resources.
Section § 5643.6
This law expresses the Legislature's goal to provide financial support for both neighborhood parks and larger regional parks and trails through a local assistance program.
Section § 5644
This law specifies who can apply for grants under this chapter. Eligible applicants include cities, counties, regional park districts, other districts, joint powers authorities, and nonprofit organizations.
Section § 5645
This law allows the department to give grants for projects that create new parks, recreational facilities, or opportunities, but only if the project meets certain criteria. The project must be in an area that's lacking in such facilities, and it should efficiently use natural resources, like water, and be environmentally friendly. The grant amount, along with other contributions, should cover all project costs. Once built, the new facilities should be fully usable by the community, with ongoing public safety and recreational opportunities. Additionally, the project must have reasonable operating hours and fees that don't discourage community use. Fees can't be exclusive to nonresidents of the community.
Section § 5646
This law explains how grant applications for park-related projects are prioritized. Projects get more priority if they focus on communities needing more park space or facilities, especially if these areas are also low-income. The department looks at how much park space there is per 1,000 residents to determine need.
Also, projects that improve job opportunities, use conservation corps members, or provide educational opportunities get higher priority. Additionally, projects with significant community and public involvement in planning are favored.
Section § 5647
This section outlines the responsibilities of the department in managing park and facility projects. The department must create guidelines for choosing projects that address the most critical needs in park areas, develop a procedural guide for these project selections, and seek public input through written comments and hearings.
Additionally, the department provides support to applicants during grant preparation and limits spending on project planning and related costs to 25% of grant funds. All guidelines and procedural guides must be established by April 1, 2009, and they are exempt from the usual regulatory review processes.
Section § 5648
This law section establishes a local assistance program that offers grants to buy or develop properties for residents in underserved communities. The law assures that proposals involving small properties, like city lots, won't be given lower priority for funding.
Grants can be used to acquire full ownership, lease rights, or other property interests. If planning to acquire something less than full ownership, applicants must prove that the project's public benefits match the property interest and duration.
Section § 5649
This law section allows eligible nonprofit organizations to apply for grants to acquire and develop parks or recreation areas, either on their own or on behalf of eligible cities, counties, or districts through a contract. The application must include details about the agreement and long-term management of the park.
Additionally, eligible applicants who manage state-owned parklands without state funding for management costs can apply for development grants for those lands.
Section § 5650
This law specifies conditions for grants related to property intended for critically underserved communities. Applicants and operators must keep the property usable for community residents. Property interests can be transferred to capable entities like public agencies or nonprofits, with the department's approval. Any unauthorized transfer is invalid.
The property must be used solely for its grant purpose. Unauthorized changes in use, sale, or disposal require reimbursement to the state. The repayment could equal the grant amount, property's fair market value, or sale proceeds, whichever is highest. This applies even if only part of the property is sold.
If reimbursement is not sought, the department may enforce preservation restrictions on parks, similar to those in the Public Park Preservation Act of 1971, to ensure continued proper use of the property.
Section § 5652
If you receive a grant, you need to allocate or commit the grant funds to specific purposes or projects within three years from when the grant was approved.
Section § 5652.5
If you receive a grant, you need to allocate the grant funds within three years of when the grant is approved. Additionally, you must spend all the grant money within eight years from when it was made available.
Section § 5653
Within five business days of granting an award, the department must update its website with details about the grant. This information includes where grants have been awarded, the total amount requested by all applicants, how much was requested by those who received grants, the specific amounts awarded, and short descriptions of the funded projects.
Section § 5654
This law section states that the rules outlined in its chapter will only be put into action if there is money allocated for them in that year's budget.