BILL NUMBER: AB 1457	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman
   (Principal coauthor: Assembly Member Feuer)

                        FEBRUARY 23, 2007

   An act to add Section 5012.3 to the Public Resources Code,
relating to parks and recreation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1457, as introduced, Huffman. Parks and recreation: state
parks: roads.
   (1) Under existing law, the Department of Parks and Recreation has
control of the state park system. Existing law authorizes the
department to impose conditions and restrictions on the development
of a specified roadway on Mulholland Scenic Corridor and Topanga
State Park or other state-owned parkland, and upon contiguous
portions of Mulholland Drive, if the Director of Parks and Recreation
finds that geologic or other circumstances exist that cause or may
cause substantial damage to state-owned park resources.
   This bill would prohibit a state or local agency, as defined, from
funding the construction of, seeking funding to construct, or
authorizing or approving the construction of, a road, as defined, or
portion thereof, or making an improvement or extension to an existing
road, that will physically encroach upon, traverse, bisect, or
impair the recreational value of a state park property, as defined,
unless the director determines that specified conditions are met. The
bill would authorize the department to recover the costs incurred by
the department as a result of making those determinations by
imposing a fee for those costs on the proponent of the project for
the road. The bill would authorize a person or class of persons to
file a civil action to enjoin a person or entity, including a state
or local agency, that is alleged to violate the prohibition.
   To the extent the bill would impose new requirements on a local
agency, to determine whether a project falls within the prohibition,
the bill would impose a state-mandated local program.
   (2)The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5012.3 is added to the Public Resources Code,
to read:
   5012.3.  (a) Notwithstanding any other provision of law, and
except as provided in subdivision (b), a state or local agency shall
not fund the construction of, seek funding to construct, or authorize
or approve the construction of, a road or portion thereof, or make
an improvement or extension to an existing road, that will physically
encroach upon, traverse, bisect, or impair the recreational value of
a state park property.
   (b) Subdivision (a) does not apply if the director determines that
all of the following conditions are met:
   (1) The project for the road includes all feasible planning to
minimize harm to the state park property.
   (2) There are no feasible alternatives to the project for the road
that would avoid impacting the state park property.
   (3) One of the following applies:
   (A) The road is necessary for the operation, maintenance, or use
of the state park property for state park purposes.
   (B) The road is necessary for the prevention or suppression of
fires that pose a threat to life and property.
   (C) The road is necessary for the construction, operation, or
maintenance of utilities located on the state park property.
   (c) Costs incurred by the department as a result of making the
determinations set forth in subdivision (b) may be recovered by the
department by imposing a fee for those costs on the proponent of the
project for the road.
   (d) (1) A person or class of persons may file a civil action to
enjoin a person or entity, including a state or local agency, that is
alleged to be violating this section.
   (2) A civil action brought pursuant to paragraph (1) may be
brought in the superior court in the county in which the violation
occurs.
   (3) Injunctive relief provided pursuant to this subdivision shall
not restrict any other right that a person or class of persons may
have under a statute or common law, including the right to seek other
legal remedies against the state or a local agency.
   (e) As used in this section, the following terms have the
following meanings:
   (1) "Local agency" means a county, general law or charter city,
town, school district, municipal corporation, district, joint powers
authority, political subdivision of the state, or a board,
commission, or agency thereof, or other local or regional public
agency.
   (2) "Road" means a highway, as defined in Section 360 of the
Vehicle Code, street, as defined in Section 590 of the Vehicle Code,
toll road or toll highway, as defined in Section 611 of the Vehicle
Code, or major thoroughfare.
   (3) "State agency" includes a state department, division, bureau,
board, commission, or any other office within a state agency.
   (4) "State park property" includes real property or an interest in
real property, that is owned, leased, or held under a conservation
easement by the department or otherwise under the jurisdiction or
control of the department.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.