BILL NUMBER: SB 477 CHAPTERED 09/10/01 CHAPTER 278 FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2001 APPROVED BY GOVERNOR SEPTEMBER 8, 2001 PASSED THE SENATE AUGUST 23, 2001 PASSED THE ASSEMBLY JULY 19, 2001 AMENDED IN ASSEMBLY JUNE 21, 2001 AMENDED IN SENATE APRIL 2, 2001 INTRODUCED BY Senator Costa FEBRUARY 22, 2001 An act to amend Sections 5091.10, 5091.15, and 5091.25 of the Public Resources Code, relating to parks and recreation. LEGISLATIVE COUNSEL'S DIGEST SB 477, Costa. Parks and recreation: California SNO-PARK program. Existing law establishes the California SNO-PARK program, whereby winter recreationists purchase a windshield sticker that allows them to park in any of the roadside parking areas to be established and plowed for that purpose. Existing law requires the Department of Parks and Recreation, after consultation with the State Parks and Recreation Commission, the Department of Transportation, the Department of the California Highway Patrol, the appropriate boards of supervisors, and any local public or private persons owning lands adjacent to each site, to designate winter recreation parking locations throughout the state and include the sites as an element of the California outdoor recreation plan. This bill would require the Director of Parks and Recreation to appoint a committee, which shall be known as, the "Winter Recreation Committee," to advise the director on the location of designated parking areas, and would authorize the department to enter into long-range agreements for the utilization of private and public lands for the program. Existing law authorizes the department to contract directly for snow removal, provision of sanitary facilities, and other services. This bill would authorize the department to contract with the appropriate public and private entities for those services and would additionally authorize the department to contract for signage, trash removal, and parking lot repairs. The bill would also authorize the department to contract with appropriate agencies for law enforcement. Existing law requires that proceeds from the sale of SNO-PARK parking permits be paid to the State Treasury, to the credit of the Winter Recreation Fund, and requires that moneys in the fund be allocated, when appropriated, for specified purposes, including, among other things, snow removal, administrative costs, the acquisition, lease, development, and maintenance of additional designated parking areas, and for grants to counties for the actual and necessary costs incurred in the removal of snow from designated parking areas. This bill would additionally permit the expenditure of moneys from the fund to inform and educate the public about the program. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5091.10 of the Public Resources Code is amended to read: 5091.10. (a) The State Park and Recreation Commission shall hold at least two public hearings, one in the northern portion of the state and one in the southern portion of the state, to seek proposals from individuals, winter recreation user groups, the department, and other public agencies for parking areas to be designated under this chapter. (b) The director shall appoint a committee, which shall be known as the "Winter Recreation Committee," to advise the director on the location of designated parking areas. (c) The department shall, after consultation with the State Park and Recreation Commission, the Department of Transportation, the Department of the California Highway Patrol, the appropriate boards of supervisors, and any local public or private persons owning lands adjacent to each site, designate winter recreation parking locations throughout the state and include the sites as an element of the California outdoor recreation plan. The department may enter into long-range agreements for the utilization of private and public lands for the programs. The location and design of any proposed site adjacent to, or directly impacting on, a state highway shall be reviewed and approved by the Department of Transportation. The location and design of any proposed site adjacent to, or directly impacting on, a county road shall be reviewed and approved by the appropriate board of supervisors. (d) Using funds appropriated from the Winter Recreation Fund and allocated pursuant to paragraph (1) of subdivision (b) of Section 5091.25, the Department of Transportation shall provide for the removal of snow accumulating on designated parking areas according to priorities established by the Department of Transportation in consultation with the department. The removal of snow from the roadway of state highways shall always take precedence over the removal of snow from designated parking areas. (e) Using funds appropriated from the Winter Recreation Fund and allocated pursuant to paragraph (3) of subdivision (b) of Section 5091.25, the department may make grants to counties for the removal of snow accumulating on designated parking areas. The department may contract with the appropriate public and private entities for snow removal, provision of sanitary facilities, signage, trash removal, parking lot repairs, and other services. In no event shall the removal of snow on designated parking areas become a county responsibility, except by agreement with the appropriate board of supervisors. SEC. 2. Section 5091.15 of the Public Resources Code is amended to read: 5091.15. (a) Except as provided in this section, no person shall, from November 1 of any year to May 30 of the next year or for a shorter time as determined by the department, park a vehicle in a designated parking area unless the vehicle displays a parking permit issued by the department. Overnight camping in a vehicle parked in a designated parking area may be authorized by the department when it determines that the use is for a recreational activity, is safe and prudent, and is of limited duration. (b) No parking permit shall be required under this section for a vehicle owned and operated by the United States, another state or political subdivision thereof, or by this state or by a city, county, district, or political subdivision thereof. (c) The fee for the issuance of a parking permit under this chapter shall be determined by the department. The department shall hold at least one public hearing and notify the Legislature at least 30 days prior to any proposal to change the fees. The amounts of the fees shall be limited as follows: (1) Not more than five dollars ($5) for a permit that is valid for a period of one day. (2) Not more than twenty-five dollars ($25) for a permit that is valid for a period of one year, beginning each November 1. (d) A person who violates this section is guilty of an infraction punishable by a fine of seventy-five dollars ($75). Unless the peace officer issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle. If the parking of the vehicle is witnessed by the peace officer, the operator of the vehicle is in violation of this section. (e) The department may negotiate reciprocity agreements with other states having similar programs if the agreements are in the best interests of the California SNO-PARK program. (f) The department may contract with appropriate agencies for law enforcement, including, but not limited to, the Department of the California Highway Patrol, the county sheriffs, and the United States Department of Agriculture Forest Service. Enforcement activities may be funded with moneys appropriated from the Winter Recreation Fund. SEC. 3. Section 5091.25 of the Public Resources Code is amended to read: 5091.25. (a) Proceeds from the sale of SNO-PARK parking permits shall be paid to the State Treasury to the credit of the Winter Recreation Fund, which is hereby created. (b) The moneys in the Winter Recreation Fund shall be allocated, when appropriated, as follows: (1) An amount equal to the actual and necessary costs incurred in the removal of snow from designated parking areas shall be paid to the Department of Transportation. (2) An amount not to exceed 5 percent of total funds available shall be expended for administrative costs directly incurred through the implementation of this chapter. (3) The balance of the funds shall be expended for the acquisition, lease, development, and maintenance of additional designated parking areas, for sanitation facilities, trailhead markings, and other facilities designed to promote the safety and well-being of persons engaged in winter recreation, and for grants to counties for the actual and necessary costs incurred in the removal of snow from designated parking areas, and to inform and educate the public about the program.