State Parks and MonumentsState Park System
Section § 5001
This law highlights the importance of California's state parks as reflections of the state's history, culture, and natural heritage. These parks are intended to serve as models for ecosystems, commemorate historical and cultural events, and be welcoming to inspire and educate visitors. The Legislature emphasizes the need for the preservation and effective management of these areas for the benefit of both residents and tourists. Additionally, the law assigns the Department of Parks and Recreation responsibility for overseeing the state park system.
Section § 5001.1
This section clarifies that in this legal text, the term “department” refers to the Department of Parks and Recreation, and “director” refers to the Director of Parks and Recreation.
Section § 5001.2
This law requires the director to support and control how people use the state park system to ensure that its beauty, natural features, historical sites, and wildlife are preserved for future generations to enjoy.
Section § 5001.3
This section mandates that if any competition event held on department lands offers prize compensation, the prizes must be the same for all gender categories at every participant level. This rule is a condition for granting a special event permit, and any event not complying with this rule cannot be approved for a permit.
Section § 5001.4
This law allows the department to manage various marine areas, including reserves, parks, conservation, cultural areas, and recreational areas. Additionally, if the State Water Resources Control Board asks, they can also manage water quality protection areas. Their management authority over state park units also applies to state marine managed areas they oversee.
Section § 5001.5
This law says that whenever California state law mentions the state park system doing something within state vehicular recreation areas, such as operating or managing them, it should be understood to specifically include those areas.
Section § 5001.6
This section explains that certain state park units can be located within state seashores but must follow specific management rules based on their classification. It lists specific regions designated as state seashores, each comprising various well-known coastal lands and parks in California, like Del Norte, Mendocino Coast, and San Luis Obispo, among others. These areas enjoy protection and may be expanded through land acquisition. The Department of Parks and Recreation is responsible for defining, revising, and identifying boundaries and additional lands for these seashores. There's a note that standard management rules apply only once land is acquired and officially recognized as part of the state park system.
Section § 5001.7
This law states that aircraft landings in state park areas are subject to certain rules. Airports can be allowed in parks if they enhance visitor use and don't conflict with the park's main purpose. However, airports are not allowed in state wildernesses, reserves, or preserves. They are also not permitted in parks where they could harm the natural environment or disrupt visitors' experiences.
Section § 5001.8
This law outlines where motor vehicles can and cannot be used within California's state park systems. Vehicles are not allowed in state wildernesses, natural preserves, and cultural preserves. In state parks, reserves, beaches, campgrounds, and historical units, vehicles must stick to paved areas or specific areas for parking. In state recreation zones, vehicles should stay on designated roads and trails. Finally, in state vehicular recreation areas, vehicles must use designated areas and routes only.
Section § 5001.9
This law states that improvements in California's state parks that were non-compliant as of January 1, 1979, cannot be expanded. Additionally, new facilities in state parks must fit with the park's designated classification.
Section § 5001.65
This law prohibits commercial activities that exploit resources in California's state parks, but there are a few exceptions. These exceptions include directional drilling for oil or gas under the Tule Elk State Reserve, commercial fishing in certain marine areas unless restricted, and the commercialization of scientific research results. Additionally, you can take mineral specimens for fun from certain state areas if you get prior approval from the director.
Section § 5001.67
Under this law, qualified individuals or institutions can conduct non-harmful scientific research in California state parks after getting approval. If someone wants to make money from their research results, they need to first share the results publicly and enter a benefits sharing agreement with the state park system. This agreement must outline how the research benefits the parks and ensure no further park resources are disturbed for commercialization.
Applicants must also pay any necessary fees, with money collected used for park resource management and restoration. Fees and agreement proceeds support these activities without replacing existing state funds. Also, the park system must post approved commercialization projects online.
If someone tries to commercialize research without approval, they must pay 75% of profits to the park system. All actions must comply with existing laws, and 'investigation results' refer to findings and biological samples from the research.
Section § 5001.95
This law states that no state park unit can exist within another state park unit, with the exception being state wilderness areas, natural preserves, or cultural preserves. These specific types of areas can be located inside other state park units.
Section § 5001.96
This law says the number of visitors allowed at any state park in California must not exceed the park's capacity. This capacity is determined by specific guidelines in another section of the law.
Section § 5002
This section defines which places are considered part of California's State Park System. It includes all parks, public campgrounds, monuments, landmarks, and historical sites controlled by the State. However, the State Fair Grounds in Sacramento and Balboa Park in San Diego are not included.
Section § 5002.1
Before the state park system classifies or reclassifies any of its units, they must create a detailed list of the park's scenic, natural, and cultural highlights, like ecological or historical points of interest. This list is then given to the State Park and Recreation Commission to help them make informed decisions about the park's classification.
Section § 5002.2
The California law requires a general plan for new or reclassified state park units, detailing land use, facilities, and resource management, and ensuring environmental impact assessments. It doesn't require a general plan for repairs or temporary facilities unless there are new permanent developments that need it. There's an emphasis on making parks accessible quickly and efficiently, possibly using multi-unit plans. The plan should include public input and comply with environmental laws. The Department is tasked with reducing the backlog of outdated plans by 2025 and suggesting improvements to the planning process to the Legislature.
Section § 5002.3
This law requires the State Park and Recreation Commission to hold a public hearing for any classification or reclassification of a park unit or approval of a park's general plan. Notices about the hearing must be visibly posted, published in local newspapers, and sent to those who requested updates. The notice must comply with specific government code requirements.
The public can access the relevant park features or general plans at local offices when the notice is published. The hearing will occur in or near certain California cities, within 30 to 60 days after the notice is last published. Every commission member's vote on the decision must be recorded and announced.
Section § 5002.4
If a state park in California has a general plan, any member of the state legislature can request and receive a copy of that plan from the department in charge of the parks. This ensures transparency and access to information about park plans for legislators.
Section § 5002.5
This law allows the state department to accept ownership of the Chinese Taoist Temple in Hanford if it is offered as a gift. However, before they accept it, they must make an agreement with a local government or a nonprofit to manage the temple as part of the state park system. The agreement also needs to ensure that the state won't have to pay for the temple's operation and maintenance.
Section § 5002.6
This section of the law deals with the transfer of certain state beach properties from California to Los Angeles County, at no cost, under specific conditions. The county must use these lands for public recreation and beach purposes only, or the state can take back control. Some commercial developments are banned, and any noncommercial projects have a financial cap unless they address disability access. The law specifies that mineral rights below 500 feet remain with the state. There's an exception allowing 'Bruce's Beach' to be sold or otherwise dealt with by Los Angeles County under certain terms. The law only takes effect if the county formally accepts these terms.
Section § 5002.7
This law section officially names a 22.3-mile beach bicycle path in Los Angeles County as the 'Marvin Braude Bikeway' to honor Marvin Braude, a former Los Angeles City Council member.
It requires signs to be erected along the bikeway to recognize his contributions, including his work with the Santa Monica Mountains Conservancy and efforts to preserve open spaces. The costs for these signs are to be covered by local government agreements and private funding.
Section § 5002.8
This law section restricts road construction in certain protected areas. Specifically, no major roads can be built within an 'avoidance area' identified by a legal settlement in San Diego, or within San Onofre State Beach and Richard H. and Donna O'Neill Conservancy, unless certain exceptions apply. The exceptions include roads designed for visitor and management use within these areas, improvements to existing roads for visitor benefits, or certain specific projects like widening existing highways and enhancing nonmotorized trails. The law also maintains that the federal government can still build roads in Camp Pendleton.
Section § 5002.45
The California law section 5002.45 outlines the requirements for a general plan for the Sinkyone Wilderness State Park, considering elements like recreational trails, nonmotorized transportation for those who can't hike long distances, and parking facilities. It includes provisions for sportfishing and possibly regulated hunting, as well as a continuation of existing road easements. The plan also involves maintaining the Needle Rock House for compatible uses and setting restrictions on county roads to protect the park's natural resources.
The Department of Parks and Recreation needs to conduct public hearings in Mendocino and Humboldt Counties while the State Park and Recreation Commission must also hold a hearing within a 100-mile radius of the park before approving the plan. The commission must assess if existing roads are compatible with the park's planned uses, with the local county supervisors' agreement needed for any road closures.
Section § 5003
This law section explains that the department is responsible for managing and taking care of properties it controls, ensuring they are used and enjoyed by the public. It can make rules to help with this, as long as they're legal. The department can spend its funds on maintaining, improving, or expanding these properties.
Section § 5003.01
The East Bay Regional Park District is planning to build new marina facilities at Robert W. Crown Memorial State Beach.
Normally, contracts with concessionaires run for 20 years, but this isn't long enough for them to make back the costs of the required improvements.
So, this law allows contracts for developing and running the marina to last up to 50 years. However, the rent rates must be reviewed and possibly adjusted every five years to match market conditions.
Section § 5003.1
This law states that certain activities like hunting, fishing, swimming, hiking, and camping are allowed in specific state recreation areas, but only if they don't compromise the safety and welfare of other visitors. Hunting is not allowed in state park areas that were open to the public before June 1, 1961, and it is restricted in certain designated areas such as state parks and marine reserves.
Hunting may only be allowed in new recreational or marine management areas specifically developed for it. If hunting or fishing is allowed, the Department of Fish and Game is responsible for making sure that the laws and rules about these activities are followed, just like they do everywhere else in the state.
Section § 5003.02
This law explains that an agreement is being formed between the state department and the City of Grover Beach to develop new facilities at Pismo Beach State Park. Normally, such agreements last 20 years, but due to the scale of the project, this one could last up to 50 years. The length is necessary to allow the contractor to recover their investment in the park's development.
However, every five years, the rent terms will be reviewed and adjusted based on local economic conditions. This exception is specific to Pismo Beach State Park and does not set a precedent for other state parks because the project is part of the park's general plan, will not negatively impact park resources or public use, and is suitable for commercial development.
Additionally, any contracts related to this development must be approved by the Legislature as part of the state's budgeting process.
Section § 5003.2
This law says that properties managed by the California Department of Parks and Recreation are regulated by certain rules about dealing with state-owned properties.
Any transactions involving these properties need the Department's approval.
Section § 5003.03
This law sets out plans for creating a state park along the east shore of San Francisco Bay. The park will include a shoreline park and a bay trail from the Bay Bridge to Richmond, developed in collaboration with the East Bay Regional Park District. The District will act on behalf of the state for park acquisition, planning, and development, and any direct costs incurred will be reimbursed by the state. The Department of Parks and Recreation and the District need to create a detailed agreement on roles and responsibilities.
Property acquired for the park will be part of the state park system, and costs for appraisals and environmental tests will come from designated bond funds. The District won’t be liable for cleaning pollution that existed before or that arises after January 1, 1993. A land use plan for the park must align with local city plans and undergo department approval. When land is available, the District will inform the department to secure funding for the acquisition. Upon finishing the planning and necessary cleanup, the Department and District will agree on park management.
Section § 5003.3
This law allows for waterfowl hunting every year in Franks Tract State Recreation Area during the set hunting season for ducks and geese. The hunting is regulated by the Fish and Game Commission but is not allowed within 200 feet of the specific area known as Little Franks Tract. This location is defined by specific boundary markers, like Piper Slough and False River. A map showing where hunting is allowed can be found at the delta area office at Brannan Island State Recreation Area.
Section § 5003.4
California state parks that allow camping must provide parking for recreational vehicles if it's feasible with the park's aims. The Department of Parks and Recreation can install or allow camping cabins and RV parking, aligning with the park's rules and plans.
Additionally, the department can partner with qualified nonprofits to create and manage these facilities, as long as they comply with specific agreements and requirements.
Section § 5003.05
This law states that any rules or regulations made under Section 5003 are also valid on certain beach areas or underwater lands next to department property that are used by the public for recreation. These rules apply up to 1,000 feet out from the normal high tide line. However, these rules can't conflict with those from any other public agency that also governs these beach or underwater lands.
Section § 5003.5
This section explains that the state department can set up public entry and exit routes (ingress and egress) for state parks. They're allowed to contract with local governments or others for building and maintaining roads, trails, and pathways for easy access.
If someone applies to cross a state park to get to a highway or road, the department checks if there's another reasonable way outside the park. If not, they can grant access through a permit with conditions that minimize park disruption. The applicant must pay for and maintain the access, and the department can revoke the permit for noncompliance.
The department might also require permit holders to share their access route with others if their land is similarly situated, making sure fair compensation for construction and maintenance is paid to the original permit holders.
Section § 5003.06
This law allows the director to transfer the State of California's ownership rights of the Durham Ferry State Park lands, including any buildings or features, to the San Joaquin County Office of Education. This transfer is granted in trust, meaning it's to be used as intended and set by certain conditions.
The San Joaquin County Office of Education must use and maintain these lands and improvements only for activities related to parks, recreation, or education.
Section § 5003.6
This law section states that the Division of Boating and Waterways is in charge of planning, designing, and building boating facilities within the state park system. This responsibility is in accordance with a specific section of the Harbors and Navigation Code.
Section § 5003.6
This law allows a department to negotiate a service contract with a qualified ferry operator to transport passengers between Tiburon and Angel Island State Park. The contract must include daily public ferry service, available at least 362 days a year with a minimum of three round trips daily, unless the department agrees otherwise. The contract can last up to 10 years and may be extended up to a total of 20 years.
The contract might also allow the ferry operator to keep a portion of the fees collected or receive a flat fee from the department for each trip, especially if ridership targets aren't met.
Section § 5003.7
This law allows the Department of Parks and Recreation or the Department of General Services to place a lien on real property if there are unpaid charges for utilities like water or electricity. They must file a notice with the county recorder that includes details about the property, amount owed, and services provided. The lien covers unpaid amounts from the last four years and lasts for four years unless paid off sooner. Court action to enforce the lien can occur in any qualified court, notably in Sacramento, regardless of where defendants live. The lien stays effective for up to 10 years if certain conditions are met, such as recording a lis pendens. Certain officials are authorized to manage any necessary filings related to the lien.
Section § 5003.8
This law says that the director, department, or State Park and Recreation Commission cannot create or publish new building standards, rules about how buildings should be constructed, unless certain sections of the Health and Safety Code are specifically exempted in the law that grants them the authority to adopt these rules. If a building standard is created without following these rules, it is not valid. Any standards made before January 1, 1980, will only be valid until January 1, 1985, unless they're replaced or updated as part of the State Building Standards Code before then.
Section § 5003.10
This section allows the state to transfer its ownership rights of specific land segments in San Mateo County to the county, to be administered by San Mateo's parks and recreation department. These lands are meant for the development and maintenance of hiking and riding trails. The county can use these lands as part of its trail system.
Section § 5003.11
This law allows the director to transfer a specific piece of state-owned land in Malibu to the City of Malibu, regardless of other state property laws. The land in question is about 10.81 acres of the Malibu Bluffs Community Park.
The transfer must meet certain conditions: the land must always be used as a park according to rules in the deed, the City of Malibu must buy the land at fair market value determined by an official appraisal, and the proceeds from the sale must be handled in a specific legal manner after approval from the Attorney General.
The law also states that this transaction is an exception to some existing property disposal laws.
Section § 5003.12
This law allows the state department to transfer its rights, ownership, and interests in certain pieces of land to the Midpeninsula Regional Open Space District. This transfer is specifically for developing, improving, operating, and maintaining trails. The land is located in San Mateo County along parts of Skyline Boulevard between Allen Road and Spanish Creek Road, with specific segments outlined in detail.
Section § 5003.13
This law allows the director to grant a 420-foot easement of Aptos Creek Road to the County of Santa Cruz for county road purposes. However, this use must also include access for beach, park, and recreational uses. The County is responsible for using and maintaining the land and any improvements made to it.
Section § 5003.14
This law allows the director to give the City of Oxnard control over the lands within Oxnard State Beach, with specific conditions. The city must maintain these lands for public beach use and ensure any new developments fit the Oxnard State Beach General Plan. If the city fails to meet these conditions, they could lose control of the beach, which would then return to the state.
Section § 5003.15
If the state sells land originally bought for state parks, the money from that sale goes back to the original funding source to improve or expand state parks. If the original fund doesn't exist anymore, or if the land was purchased with federal money or donated, the money goes to the State Parks and Recreation Fund for park development. If bought with state money from the General Fund, the proceeds return to the General Fund's surplus. This rule excludes sales from state vehicular recreation areas.
Section § 5003.16
This law allows the exchange or sale of certain state-owned properties within Old Sacramento State Historic Park to the City of Sacramento, but only at fair market value. These properties include specific parcels referred to as Docks and Railyards Riverfront.
The City can receive credit against the fair market value for any financial contributions it makes towards improving the park. If there's any toxic cleanup needed on the land, its cost must be factored into the property's value.
Money received from the sale will cover the costs of the transaction, and any leftover funds will go to the State Park Contingent Fund for use in the Old Sacramento State Historic Park. Before any deal can be authenticated, an independent market evaluation of the property must be performed.
Section § 5003.17
This law allows the state park department to lease parts of park property for various uses as long as those uses are compatible with the park's purpose and resource conservation. The rent must reflect the property's fair market value, and all leases need approval from the Department of General Services. Leases can't be longer than ten years unless specific conditions are met, including notifying the Joint Legislative Budget Committee at least 30 days in advance with detailed documentation for review.
Section § 5003.18
This law allows the director to lease up to 20 acres of Taylor Yard in Los Angeles to the city for up to 25 years, with the city required to develop and operate a local park with sports facilities for youth, without paying rent. However, the city must fund the development and operation of the park.
If within five years the city hasn't developed the park as planned, the state can terminate the lease. The Public Works Board must review and approve the lease, and later report to the government. The lease can be extended for another 25 years with changes, potentially including rent, but this requires legislative review and approval.
The city must adhere to stormwater management rules and can't use the lease as matching funds for state grants to develop the site under certain programs. The conditions aim to ensure the park's development benefits the region's youth while considering the state's interests.
Section § 5003.19
This law allows the state to transfer ownership of 37.6 acres of land known as Lighthouse Field State Beach to the City of Santa Cruz. In exchange, the city must use the land solely as a park, pay the state its fair market value as agreed by both parties, and comply with any conditions in the deed. The sale value is assessed by an approved appraisal. Proceeds from this transaction are managed according to another specified section, with review by the Attorney General. The law also indicates this transfer is exempt from certain other state property regulations.
Section § 5003.35
This section allows waterfowl hunting at the Lake Earl and Lake Talawa project areas. It's permitted under the current agreement with the Department of Fish and Game and follows the rules set by the Fish and Game Commission. The agreement will stay in place until the project becomes part of the state park system.
Section § 5004
This law requires the department to collect, analyze, and summarize information about the State Park System each year. This information should be included in annual reports to the Governor and should consider how other resources can help in conserving, developing, and using the State's scenic and recreational areas.
Section § 5004.5
The California Youth Soccer and Recreation Development Program aims to support new sports opportunities for young people in California by funding local agencies and community groups. A special fund collects money from federal, state, and private sources for this purpose. Grants are given to organizations that match funds, particularly in crowded, low-income urban areas struggling with youth crime and unemployment. The program has its own guidelines for distributing funds and does not need approval from the Office of Administrative Law. Community-based organizations must be nonprofit and tax-exempt, but they can partner with non-exempt groups. Funds must be allocated within three years and spent within eight years of appropriation.
Section § 5005
This law allows the department in charge of state parks to accept various forms of property, including land, water rights, and buildings, as gifts or donations for the state park system.
This includes monetary gifts for purchasing or improving park properties. If a cash gift has a condition and is $100,000 or less, it doesn’t need the Director of Finance’s approval.
However, these smaller conditional gifts must still be reported to the Department of Finance each year.
Section § 5005.01
This law requires the California Department of Parks and Recreation to consult with Native American groups to receive and display donated Indian artifacts from around Los Encinos State Historic Park. These artifacts should be of historical or cultural importance to the San Fernando Valley. Artifacts not accepted by the department can be donated to educational institutions, museums, or Native American groups in California.
Section § 5005.1
The Department of Parks and Recreation in California can transfer, sell, or dispose of their personal property, but they need approval from the Department of General Services. They can also make agreements with other public agencies to look after this property.
Section § 5005.3
This law requires the department to choose a spot on its land at Bodega Bay, agreed upon with the Pacific Coast Federation of Fishermen’s Association, for a Fisherman’s Memorial. The memorial must be built and maintained using only private donations of money, materials, and labor. After it's built, the department, with the association's input, is responsible for explaining what the memorial represents.
Section § 5005.6
This law gives the department full control over salvage and recovery operations within state parks. The department can issue permits for these activities and set rules to protect the parks and public interest. These rules can include how much of the recovered property the state keeps, permissions for the state to keep valuable items, and methods for working and keeping records. The Director of Finance must approve the permit conditions.
Section § 5006
The department in charge of state parks can buy land or property for park development, but must get approval from the Department of Finance. They can hire appraisers or work with the Real Estate Services Division for assistance. Before buying property, they must notify owners and appraise the property. They also handle purchase negotiations and appraisals must be reviewed by the Department of General Services. If they buy property, they need to provide relocation help to people who need to move. They submit requests for funding to the Governor’s Budget. Any purchase agreement over $500,000 requires additional compliance. Finally, all appraisals must be approved before negotiations to buy begin, and contracts reviewed by the Department of General Services.
Section § 5006.1
Before buying land for a state park project worth more than $5 million, the department must hold a public hearing in the local area. They need to announce the hearing twice in a local newspaper and notify relevant government officials early in the process, but at least 90 days before the purchase. If the purchase is between $500,000 and $5 million, local officials or lawmakers can request a hearing within 30 days of being informed. The notice must also discuss how the purchase might affect park and recreation planning. If the property isn't bought following a specific section, but still costs over $5 million, similar public hearings and notifications are required. This rule doesn't apply to properties acquired through gifts or inheritances.
Section § 5006.2
This law allows the Director of Parks and Recreation, with the Director of Finance's consent, to acquire parts of Aptos Forest in Santa Cruz County for a state park. These properties, once acquired, become part of the state park system, managed under specific regulations that limit granting of easements and similar rights unless the Legislature approves.
Due to the park's unique nature and generous contributions, within a specific area, known as the Hinkley Basin Unit, the Director can lease rights to explore and extract oil, gas, and hydrocarbons. This includes allowing surface disturbance under specified conditions and permits for necessary access.
Section § 5006.3
This law requires the department to find and secure locations for new wayside campgrounds along the Westside Freeway, which is part of State Highway Route 5. The priority areas for these campgrounds are the Kern River, an area south of Kettleman City, Mercy Springs Road, Orestimba Creek, and near the San Joaquin River by Mossdale.
Section § 5006.4
This law allows a state department in California to acquire land and property near Hollister in San Benito County to add to the state park system. This can involve buying the property outright or leasing it, with the payment terms agreed between the department and the property owner. Such acquisitions must comply with existing Property Acquisition Laws.
The department is also responsible for developing and maintaining areas in this unit, especially for off-highway vehicle recreation and other park purposes. Any money or fees collected from these activities go into the State Treasury's Off-Highway Vehicle Fund.
Section § 5006.5
This law allows the department to lease property for state park system purposes, with approval from the Department of General Services. If a lease costs more than $1,000 per year, at least half of the extra cost must come from non-state sources like individuals, organizations, or federal agencies. Before any leasing, the department must consult with the local county planning commission.
This rule doesn't apply if the Department of General Services leases land to the Department of Parks and Recreation under a different government code section.
Section § 5006.6
This law allows the department to work with the federal government and other agencies to develop and manage recreation and fish and wildlife enhancement facilities at several dam and reservoir sites in California, like Auburn and Folsom. The department can also handle operations, maintenance, and upgrades of these sites, agreeing to pay some costs through different methods, including legislative funds or charging user fees.
Additionally, the department can partner with local counties, such as El Dorado and Sacramento, for planning and managing these facilities. Any financial agreements should be designed to pay back half of the costs for developing these facilities using fees or legislative appropriations.
Section § 5006.7
This law allows the Administrator of the Resources Agency in California to express in writing the state's intention to manage areas at the Marysville Dam and Reservoir Project. The management can focus on either recreation, fish and wildlife enhancement, or both, as specified in a federal law (Public Law 89-72).
Section § 5006.10
This law requires that when there's a proposed development that could significantly affect Colonel Allensworth State Historic Park, the department must inform the State Parks and Recreation Commission. The commission will then hold a public hearing to gather opinions on the development's impact. After this, they will send their findings to the department, which will pass them on to local government bodies.
In addition, the department must work with the State Office of Historic Preservation to explore whether the park could be designated as a National Historic Landmark.
Section § 5006.15
This law allows a department to acquire property either by donation or purchase, even if the property comes with conservation restrictions or similar limitations. This can only happen if the director decides that these limitations align with and help achieve the goals for which the property is being acquired.
Section § 5006.25
This section allows the Director of Parks and Recreation to give the County of Santa Cruz a piece of land in Aptos Forest for a dam and reservoir. This land can be transferred with conditions that benefit the state, but cannot be restricted in a way that would allow previous owners to claim it back. The specific area of land being discussed is carefully described in terms of boundary lines, containing about 306 acres in total.
Section § 5006.41
This law allows the department to collaborate with the Department of Water Resources and the Department of Fish and Game to manage property around Oroville. They focus on creating and maintaining trails and areas for off-highway vehicles, adhering to specific regulations.
Any money made from fees or rentals in these areas will go to the Off-Highway Vehicle Fund in the State Treasury.
Section § 5006.42
This section explains the establishment of the Cornfield State Park Advisory Committee to help plan for the Cornfield site in Los Angeles. The committee, formed by the director by February 1, 2002, includes diverse representatives from various sectors. Their role is to provide advice on both temporary and long-term plans for land use and facilities. The director will dissolve the committee once a general plan for the park is adopted.
The department, in developing the state park, must coordinate the implementation of projects considering the committee's recommendations, survey community preferences for park services, and work with local and state entities and community groups. They are encouraged to focus on creating facilities and programs that benefit children, seniors, and people with disabilities. The advisory committee is tasked to outline long-term priorities for the site that serve both the local population and Californians, delivering recommendations within a year of land acquisition.
Section § 5006.45
This law allows the state to acquire land around Ocotillo Wells in San Diego County for a vehicular recreation area. The Director of General Services can buy or lease land based on recommendations from the Director of Parks and Recreation. Before acquiring any land, public hearings must take place, and a state commission must approve the designated areas.
If the land has valuable resources like oil or minerals, extraction is allowed if it doesn't interfere with recreation. Once acquired, the land becomes part of the state park system and is managed for off-highway vehicle use and other park purposes. Any income generated goes to the state's Off-Highway Vehicle Fund.
Section § 5006.47
This law allows the Director of General Services to acquire property in Los Angeles and Ventura Counties, known as Hungry Valley, for the state. If the property is leased, the rent is covered by the Department of Parks and Recreation. Any property acquired will follow specific Property Acquisition Laws. The Director of Parks and Recreation can approve oil and mineral extractions if they don't interfere with recreational use and with proper consent.
Once acquired, the property becomes part of the state park system, with the Department of Parks and Recreation overseeing its development for recreational use, especially for off-highway vehicles. The 51st District Agricultural Association can use the land for a 10-day annual off-highway vehicles fair if approved. If property is not needed for park purposes, a leaseback option may be offered to the seller.
Leases and administration fees collected are credited to the Off-Highway Vehicle Fund, which supports off-highway vehicle purposes as detailed in Section 5090.61(b).
Section § 5006.48
This law allows the Director of General Services in California to acquire property known as Carnegie Cycle Park in Alameda and San Joaquin Counties, either by buying it or leasing it, to be used as part of the state park system. If leased, the terms must be agreed upon by several parties and the rent will be covered by the Department of Parks and Recreation.
Once acquired, the property is handed over to the Department of Parks and Recreation to manage. They will develop it into a part of the state park system, primarily for recreational use like off-highway vehicle activities.
If the land isn't immediately needed, it can be leased through competitive bidding. Any rent from such leases, as well as fees collected from using the park, will go into a special fund for maintaining off-highway vehicle areas and related park purposes.
Section § 5006.49
This law states that the California State Mining and Mineral Museum in Mariposa is transferred from the Department of Conservation to the Department of Parks and Recreation. The Parks Department will own and run the museum, following their own rules and guidelines for state parks. All money made from the museum's operations will go to the Department of Parks and Recreation.
Section § 5007
This law outlines how California's state parks department should handle budget cuts without closing parks unless absolutely necessary. The department should first try to improve efficiency, increase revenue, or cut services at select parks before opting to close any.
When considering closures, the department must publicly explain the reasons and criteria, including how important the park is statewide, visitation rates, cost savings from closing, and potential partnerships. The impact on communities and compliance with laws like the Americans with Disabilities Act also matter.
Any proposed closures must go through public hearings, and if a park is closed, the state is not liable for accidents unless it involves gross negligence. A list of closed parks must be available online. If a nonprofit or local government reopens a park, this liability protection doesn't apply to them.
Section § 5007.1
This section explains that certain lands at the Pan Pacific project, managed by other public agencies through agreements, are not subject to several specific regulations while those agreements are in place. Any facility developed on these lands must follow a plan approved by the director.
It also notes that concession contracts for these lands, where public use facilities might be developed, can last up to 66 years instead of the usual 20 years. This longer term helps concessionaires cover their investment, with a requirement to adjust rent every 10 years to match market rates.
Section § 5007.2
This law states that any contract for services worth less than $50,000 to restore artifacts at the Hearst San Simeon State Historical Monument is not subject to the usual public contracting rules outlined in Part 2 of the Public Contract Code.
Section § 5007.3
This law section outlines the requirements for managing the Citrus Heritage Park at Mockingbird Canyon. Firstly, public access is limited to a specific route on Dufferin Avenue. Secondly, park pathways and attractions should be arranged to discourage trespassing and include fencing in areas with high visitor traffic. Thirdly, areas of the park upstream of Mockingbird Reservoir should remain as wildlife habitat and open space, with no public facilities developed there. Fourthly, any acquired citrus groves must undergo pest management to prevent spreading to adjacent properties, maintaining them in fruitful condition.
Additionally, the City of Riverside is instructed to sell a specific parcel of land at fair market value to neighboring property owners. If no sale occurs, the parcel should be transferred to the state as per a previous budget act provision.
Section § 5007.4
This law allows the department to create an agreement with a nonprofit organization to manage California Citrus State Historic Park. The nonprofit can handle agricultural activities and lease out groves to support these operations. They are also permitted to sell citrus fruits and use the earnings to fund park facilities and programs. Additionally, they can accept and utilize donations for park improvements.
Section § 5007.5
This law allows the department to remove and dispose of logs, timber, lumber, and debris that wash up on public beaches, waterways, or lands in the state park system if they pose a safety hazard or block public use and enjoyment. If these materials can be identified as belonging to someone, the department will hold them for three months. The owner can reclaim their property by paying any damages caused and removal costs. If unclaimed after three months, the department can destroy, sell, or use the materials.
Section § 5008
This law ensures that California's state parks, recreational areas, and trails are protected from damage and that peace is maintained in these areas. The department can appoint officers who act as peace officers with the authority to enforce specific rules, arrest offenders, and handle public offenses. Their duties include maintaining order in these areas and enforcing relevant laws and regulations. Violators of these rules may face penalties such as fines or imprisonment, with fines up to $1,000 or jail time up to 90 days.
Section § 5008.1
The law allows visitors to bring animals to state parks in California if it's deemed beneficial and they follow the department's rules and fees. However, animals must be controlled to ensure they don't threaten safety, cause nuisances, or harm the park's resources. Proof of vaccines and licenses may be required. Dogs used for hunting are exempt from these rules in certain parks. By July 1, 2020, a detailed list of parks and their pet policies, including where dogs can go, must be available online.
Section § 5008.2
This law allows peace officers and specific employees to capture animals in state park units if the animals are loose, pose threats to people or the park, or are a nuisance. Officers can also kill animals immediately threatening public safety or local wildlife. If an animal with ID is captured or killed, its owner must be informed within 72 hours. This rule does not affect dogs legally hunting in parks where hunting is allowed. The law only applies to areas owned or controlled by the department.
Section § 5008.4
Funds in the State Parks and Recreation Fund, as stipulated by Section 1463.02 of the Penal Code, can only be used for specific purposes as approved by the Legislature. These include refunding fines and forfeitures that were wrongly deposited. Additionally, the funds can be used to train department employees in roles such as Rangers and Lifeguards, covering areas like resource management, law enforcement, and medical training. However, reimbursements for this training must align with specific financial limits, such as not exceeding certain reimbursement rates, and the total annual spending for training cannot surpass 90% of the previous year's deposited funds as of June 30.
Section § 5008.5
This law says that if you're charged with breaking rules in a California state park or certain boating areas, and you're the registered owner of a vehicle or vessel found in violation, it's assumed you're responsible for the violation. However, if there's proof someone else was leasing or renting the vehicle at the time, it's not automatically your fault. If you've sold or transferred the vehicle before the incident and informed the court about the new owner, the charges against you should be dropped.
Section § 5008.6
This law allows a judge to order the forfeiture of any device used to harm or capture animals if someone is convicted under the jurisdiction of the department. These devices can be sold or destroyed by the department. The money from sales goes to the State Parks and Recreation Fund for specific purposes. Forfeiting bail is also considered a conviction for these rules.
Section § 5008.7
If you're caught littering in a California state park and convicted, you'll face a fine ranging from $100 to $1,000, depending on if it's your first, second, or third offense. For a first offense, the minimum fine is $100, for a second it's $500, and for a third or more, it's $750, and each can go as high as $1,000. Besides the fine, the court can also order you to pick up litter for at least eight hours as part of your probation.
Section § 5008.8
Once a peace officer is designated under Section 5008, they must complete a basic training course set by the Commission on Peace Officer Standards and Training before officially starting their role. This requirement has been in effect since January 1, 1989.
Section § 5008.10
This law defines what cigars and cigarettes mean for its purposes, expanding these definitions to include any plant material. It prohibits smoking in state beaches and state park areas, except on paved roads and parking lots. The law also forbids the disposal of cigar or cigarette waste outside of proper bins in these areas. Violations result in a $25 fine. Signs must be posted to inform the public about these rules before they can be enforced. Exceptions apply for filming permitted by the California Film Commission and for religious practices.
Section § 5009
The State Park Contingent Fund continues to exist to support California's state parks. Any money collected from contracts, donations, gifts, bequests, or local government contributions meant for park improvements or expansion is added to this fund. The money is used for enhancing, maintaining, running, or administering the parks or buying more land for the park system, but only in ways that align with the source of the funds.
Section § 5009.1
This section allows the department to accept funds, resources, or services from various entities, like individuals or businesses, to maintain or improve state parks in California. The received funds or services are meant to add to what's already available, not replace it. Agreements made must define the services to be performed and include regular accounting of spending. Additionally, those who donate or sponsor may be recognized with signs, and they could receive reduced-cost access to park facilities if there's a significant public benefit.
Section § 5009.2
This law allows the department responsible for state beaches to make deals with people or organizations for extra funding or services. These contributions are intended to enhance or maintain the beaches and related facilities, whether it's through money or voluntary services. Importantly, these new resources should add to, not replace, existing efforts.
Donors and sponsors can have special signs put up to recognize their contributions, and the department can offer them free or cheaper access to beach facilities if their contributions are substantially beneficial. All of these activities are part of the department’s Adopt-A-Beach program.
Section § 5009.3
This law allows the department in charge of state parks to make agreements with private nonprofit organizations or other private entities. These agreements help the department find long-term private funding for state parks. The aim is to keep the parks open and well-maintained for public enjoyment. The types of agreements can include things like securing donations, memberships, sponsorships, and marketing or licensing deals.
Section § 5009.5
This section focuses on "community access agreements" allowing certain nonprofits and Native American tribes to use state park resources to offer interpretive and visitor services to underserved populations. These agreements help facilitate access to state parks for communities facing barriers, such as socioeconomic challenges or disabilities.
The Department of Parks may support these entities with personnel and space, and agreements can include free or reduced-cost park access. These projects can last up to five years and are considered pilot projects. Eligible entities keep any money earned from these services. A report on the effectiveness of these agreements is due to the Legislature by December 31, 2028, and the law will expire on January 1, 2029, unless extended.
Section § 5010
This law permits the California Department of Parks and Recreation to collect fees and rents for using state parks and allows payments via credit card. They can also add a small fee to cover reservation service costs. The money collected goes into a special Parks and Recreation Fund, except for fees from off-road areas and boating, which have their own designated funds. There's a list of specific accounts and funds that were merged into the Parks and Recreation Fund in 1980. This money can be used for things like park planning, operation, and staff training, but some funds are specifically earmarked for certain uses like employee training in safety and management.
Section § 5010.1
This law section states that all money received from using state park areas, like fees or rent, belongs to the state or the public agency managing the park. If it saves money, these entities can hire others to collect this money and let them keep part of it to cover collection costs.
Additionally, for cost savings, the department can hire others to manage reservation systems for state parks and let them keep part of the fees or charge extra to cover their service costs.
Section § 5010.1
Starting January 1, 2024, the rules for booking sites in California's state parks will include certain restrictions and conditions. If you're planning to make a reservation, these are the key points you should know:
You can't book more than seven nights in a row during the busy season, or stay more than 30 days in a year at the same park. If you miss showing up for three reservations in a year, you can't use the online system for a year, although this doesn't apply to walk-ups.
If you cancel at least seven days in advance, you'll get a refund minus fees. Canceling closer to the date can result in losing the cost of one night or the entire amount if you cancel within a day. Remember to notify the park if you’re running late within 24 hours to avoid full forfeiture of costs.
You’ll get email reminders ten and four days before your reservation starts, explaining the cancellation policies. All forfeited fees go into a special fund for park maintenance. These rules only apply to sites using this specific reservation system.
Section § 5010.1
By January 1, 2025, California's park department must start using a lottery system to allocate reservations at up to five of the most popular state parks, determined by interest six months before the reservation date. Existing reservation methods may still be used for some campground or lodging spaces at these parks to compare effectiveness with the new lottery system.
The department has until January 1, 2028, to report to the Legislature on how the lottery is working, and any comparisons made. This law will be repealed on January 1, 2029.
Section § 5010.2
This law states that kindergarten to 12th-grade students and their chaperones, including teachers and bus drivers, cannot be charged fees for using state park units during school trips as long as they arrange the visit beforehand, except at Hearst San Simeon State Historic Monument. This applies to both public and private schools. The law covers day visits, but overnight camping might be possible if authorized by the Director of Parks and Recreation.
Section § 5010.2
The California State Park Adventure Pass allows any California resident child in grade 4 or equivalent, attending public school, to access state parks without paying entrance fees. To get the pass, an application must be made to the department.
Holders of the pass can enter park units with waived fees. This waiver covers the entrance fee for a private non-commercial vehicle transporting the child, including all passengers. It also covers up to three adults and all children accompanying the child.
The department is responsible for posting eligible state parks and instructions for obtaining the pass online.
Section § 5010.3
This law allows the state parks department to waive all fees for activities like camping for students in the California Cadet Corps or public military academies. To benefit from this, the students must complete a community service project in the park that has been pre-approved by both park officials and representatives from the Cadet Corps or the academy.
Section § 5010.4
The California Department of Parks and Recreation can sell its merchandise, such as branded items and state park-related goods, directly to the public if it can't find a partner to do this through a fair attempt. They can work with individuals, agencies, nonprofits, or private entities to sell these items.
The department is required to earn fair and reasonable revenues from these activities. The money generated from sales goes to the State Treasury, specifically credited to two different funds depending on the source: the State Parks and Recreation Fund or, for vehicular recreation areas, the Off-Highway Vehicle Trust Fund.
Section § 5010.5
This law allows the director to refund money that was wrongly collected by the department, whether it was collected illegally, by mistake, or due to error. To get this refund, the director must approve the claim, which is then filed with the State Controller. The State Controller will issue a payment from the General Fund to cover the refund using any money set aside for such refunds.
Section § 5010.6
This law establishes a special fund called the State Parks Revenue Incentive Subaccount to support California State Parks. The money in this fund is automatically available to the parks department for projects and activities that help generate more income, such as construction projects or new programs. These projects must clarify how funds will be used, have a timeline, and estimate costs and potential income. There needs to be evidence of demand and a return on investment. Also, the Office of State Audits and Evaluations checks to ensure everything is managed correctly, and the parks department must cover the cost of these audits. Revenue from these projects can be reused for similar goals.
Section § 5010.7
The California Department of Parks and Recreation must create a program to generate revenue as part of a long-term funding strategy for state parks. Each district has a revenue target to meet and must report on its use of the funds. These reports and related information are available online.
A special fund exists to support revenue-generating investments in parks, like electronic fee systems. Districts can apply for these funds if they meet certain criteria. Excess revenue may be reinvested in park improvements or technology upgrades. However, these funds cannot be used to expand the park system unless the expansion will significantly increase revenue. Private money can also be added to this fund for similar uses.
Revenue information is published online, and funds are not transferred if overall revenue targets aren't met.
Section § 5011
If you're over 62 years old or receive certain types of assistance like aid for the aged, blind, or disabled, you can apply for a 'Golden Bear Pass' for $5, which lets you and your spouse use state park day-use facilities for free, except for a few places. However, starting July 1, 2021, the $5 fee for the pass is waived until July 1, 2024.
There's also a rule that no additional discounts will be given based on this pass. Additionally, a senior discount program must exist that may result in a 'Golden Bear Senior Pass' allowing further access for those over 62, which will include access to certain camping facilities for an annual fee.
Section § 5011.5
This California law allows veterans with specific qualifications to receive a pass that gives them free access to state park facilities, including boat launches. To qualify, a veteran must be a state resident and provide proof of a 50% or greater service-related disability, being a former prisoner of war, or having received the Congressional Medal of Honor, along with an honorable discharge. "Veteran" is defined specifically for this purpose, as is the term "war."
Section § 5011.6
This law allows veterans, active-duty, and reserve military personnel to access California state parks for free or at a reduced fee on Memorial Day and Veterans Day. To receive this benefit, veterans need to show current military identification or proof of honorable discharge. Active duty and reserve personnel must show current military identification.
Section § 5011.7
This law allows California's Department of Parks and Recreation to use conservation easements to protect natural resources within the state park system. Conservation easements are legal agreements to keep land in its natural or open-space state, even if it's privately owned. The department can buy these easements if they're needed to stop activities that don't fit with the park's purpose or to preserve the area's historical or natural value.
The law defines terms such as 'conservation easement,' 'local government,' and 'nonprofit land trust organization.' It allows the department to give grants to state or local agencies or nonprofit organizations to buy and manage these easements with funds allocated by the state budget.
There are conditions too: the easement's use can't change; if the holder organization dissolves, ownership transfers to another qualified group. The easement or its terms can be amended if the property owner and the holder agree, with departmental approval. Also, landowners must keep the land's use restricted forever as a condition of funding. By July 1, 2009, the department was required to establish policies for monitoring and enforcing these easements and make them available online.
Section § 5012
This section allows certain authorities to apply for permits and easements for various infrastructure projects. The department can approve these for roads, trails, utility lines like electricity, gas, and water, and facilities for recreational areas or small craft harbors. Special rules apply to oil and gas pipelines; they require a waiting period if the land was acquired for parks or beaches after 1959.
Section § 5012.1
This law allows a department to make agreements where it leases, uses, or enters real property, like through a lease or a right-of-way. The department can agree to protect the property owner from any claims or damage caused by the department's use and may compensate for any damage. To manage risks, the Department of General Services can buy insurance for the department's activities on the property if requested.
Section § 5012.2
This section states that if an easement (a right to cross or use someone else's land for a specific purpose) is created for a roadway connecting to Mulholland Drive through certain parklands, the department can set conditions on the development if there are risks of significant damage to the park. These conditions won't count as a new project and won't invalidate existing maps or approvals, even if they replace local conditions. However, these state-imposed conditions will only override local rules if the property owner pays estimated cost savings to the Los Angeles County Transportation Commission for traffic issues in the San Fernando Valley by December 31, 1991.
Section § 5013
Section § 5014
This section requires the Director of Parks and Recreation to transfer all of California's rights to a 30-foot-wide right-of-way to the Hussey Ranch Corporation. This right-of-way, initially acquired in 1943, is described in a 1905 agreement and is meant for transporting logs and timber from specific land owned by the Del Norte Company and adjacent lands.
The terms of the transfer, which include a duration of 100 years from September 11, 1905, are to be decided based on what is in the best interests of the State.
Section § 5015
This law section honors Robert H. Meyer for his contributions to the state park system by naming three California state beaches—El Matador, El Pescador, and La Piedra—collectively as the Robert H. Meyer Memorial State Beaches.
By January 15, 1984, the department was required to put up signs at these beaches to show this new name. Additionally, all state park directories and publications should use this name whenever they are updated.
Section § 5015.5
This law renames the Baldwin Hills State Recreation Area to the Kenneth Hahn State Recreation Area. It also requires the responsible department to update signs and all related publications to reflect this new name.
Section § 5015.6
This section honors Ed Z'berg by renaming Sugar Pine Point State Park to Ed Z'berg Sugar Pine Point State Park, acknowledging his significant contributions to the state park system.
Section § 5015.8
This section describes how California's Department of Parks and Recreation will expand Chino Hills State Park by adding pieces of adjacent land from willing sellers. The new areas include nine parcels named First National Investment Properties, four parcels called Eastbridge, and one parcel known as Beattie. The department will manage these new lands as part of the park.
Some of this land will be managed specifically as mitigation lands due to an agreement with the Metropolitan Water District of Southern California. This applies to the 131 acres consisting of the Beattie property and part of the First National Investment Properties. The remaining lands will just be integrated into Chino Hills State Park.
Section § 5016
This law allows the department to swap state-owned land with privately owned land within the Anza-Borrego Desert State Park to consolidate parkland, ensuring the land exchanged is of roughly equal value. The department must follow any regulations set by the Secretary of the Interior when making these exchanges.
Section § 5016.1
This law allows the State of California to swap certain lands near the Anza-Borrego Desert State Park with the federal government. The goal is to obtain other lands that are needed for park purposes within or outside the park's boundaries. The exchanged lands must be of roughly equal value, and the state must follow any rules set by the Secretary of the Interior for these exchanges.
Section § 5016.2
This law allows California's Department of Parks and Recreation to acquire the Freeman Property, exempting the acquisition itself from environmental review under the California Environmental Quality Act. However, any plans for managing the property or future projects will still require environmental assessments.
The acquisition must meet certain conditions: boundaries between the Anza-Borrego Desert State Park and the Ocotillo Wells State Vehicular Recreation Area should align with specified township sections. After the transfer is complete, designated sections will be added to each park area as outlined in the law.
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NOTICE OF INCOMPLETE TEXT: The Freeman Property map
appears in the hard-copy publication of the chaptered bill.
See Sec. 11, Chapter 718 (p. 27), Statutes of 2010.
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Section § 5018
When the state legislature allocates money for buying, developing, or building a state beach, park, or recreation area after getting a related report, the responsible department must start the work right away.
Section § 5018.1
This law allows the Department of Finance to let another department have the same powers as the State Architect and the Real Estate Services Division when it comes to planning, designing, building, and managing contracts for certain approved construction projects. However, the Department of Finance can take back this permission at any time, either entirely or partially.
Section § 5019
When someone gives property to the State of California for it to be used as a park or beach, they can keep the rights to any oil or minerals found there. However, they must ensure that any effort to find or extract these resources doesn't disrupt the land's surface or damage any recreational facilities on it.
Section § 5019.5
Before creating any plans for developing a park or recreational area, the department must conduct a survey to evaluate how much use the land can handle. This survey includes checking factors like soil quality, moisture levels, and the natural vegetation present.