BILL NUMBER: AB 1457 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 7, 2008
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 amended, 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. Existing
law establishes, in the department, the state park and recreation
commission, which is required to establish policies relating to the
state park system.
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 commission
determines that specified conditions are met. The bill would
authorize an interested party to appeal a determination by the
commission to the Secretary of the Resources Agency, as specified.
The bill would authorize the department
commission to recover the costs incurred by the
department commission as a result of making
those determinations by imposing a fee for those costs on the
proponent of the project for the road road
project . 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. property, unless the
State Park and Recreation Commission determines that all of the
following conditions are met:
(b) Subdivision (a) does not apply if the director determines that
all of the following conditions are met:
(1) The project for the road road project
includes all feasible planning to minimize harm to the state
park property.
(2) There are no feasible alternatives to the project for
the road road project that would avoid
impacting the state park property.
(3) One of the following applies:
(A) The road project is necessary for the operation,
maintenance, or use of the state park property for state park
purposes.
(B) The road project is necessary for the prevention or
suppression of fires that pose a threat to life and property.
(C) The road project is necessary for the construction,
operation, or maintenance of utilities located on the state park
property.
(D) The road project is an improvement to an existing road and is
necessary to address a significant public health and safety concern
posed by the existing road.
(b) Any interested party may appeal a determination by the
commission, made pursuant to subdivision (a), to the Secretary of the
Resources Agency. The decision of the secretary shall be governed by
the criteria set forth in subdivision (a) and shall be supported by
substantial evidence. The commission's determination shall be final
if an appeal to the secretary is not filed within 30 days of the
issuance of the commission's determination.
(c) Costs incurred by the department
commission as a result of making the determinations set forth
in subdivision (b) (a) may be recovered
by the department commission by
imposing a fee for those costs on the proponent of the
project for the road road project .
(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.