BILL NUMBER: AB 2945 CHAPTERED
BILL TEXT
CHAPTER 689
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 27, 2008
PASSED THE ASSEMBLY AUGUST 30, 2008
AMENDED IN SENATE AUGUST 22, 2008
AMENDED IN SENATE AUGUST 14, 2008
AMENDED IN SENATE AUGUST 6, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 18, 2008
AMENDED IN ASSEMBLY MAY 6, 2008
INTRODUCED BY Assembly Member Laird
(Coauthor: Assembly Member Evans)
FEBRUARY 22, 2008
An act to amend Sections 5093.32 and 5093.36 of, and to add
Section 5093.345 to, the Public Resources Code, and to amend and
supplement the Budget Act of 2008 by amending Items 3790-491 and
3790-495 of, and by adding Item 3790-101-6029 to, Section 2.00 of
that act, relating to parks and wilderness areas, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2945, Laird. State parks and wilderness areas.
Existing law, the California Wilderness Act, establishes a
California wilderness preservation system composed of state-owned
areas designated by the Legislature as wilderness areas and units of
the state park system classified as state wildernesses by the State
Park and Recreation Commission. The act designates specified state
wilderness areas and requires a state agency with jurisdiction over
an area designated as a wilderness area to be responsible for
preserving the wilderness character of that area. The act prohibits
the presence of a commercial enterprise or permanent road within a
wilderness area, except as necessary in specified emergencies. The
act generally prohibits, among other things, the presence of
temporary roads, the use of motorized vehicles, motorized equipment,
and motorized transport within a wilderness area and authorizes the
state agency with jurisdiction over the area to take measures
necessary for the control of fire, insects, and diseases. The act
also defines various terms for purposes of the act.
This bill would define "minimum management requirements" and
"minimum tool" for purposes of the act. The bill would repeal the
above exception to the presence of commercial enterprises or
permanent roads within a wilderness area, and would, instead,
authorize the presence of temporary roads, the use of motorized
vehicles, motorized equipment, and motorized transport within a
wilderness area when necessary in specified emergencies or when it is
the minimum tool necessary to meet the minimum management
requirements. The bill would authorize a state agency having
jurisdiction over a wilderness area to authorize measures to address
environmental damage or degradation affecting wilderness character
and resources if those measures are consistent with the minimum
management requirements and only the minimum tools are used. The bill
would require guidelines for the determination of the minimum
management requirements and the minimum tool to be adopted by
regulation.
The bill would add Limekiln State Wilderness to the designated
wilderness areas and would provide that the California Coastal Trail
may be located, designed, constructed, or operated within the
Limekiln State Wilderness.
The bill also would make technical, nonsubstantive changes in
those provisions.
Assembly Bill 1781, as proposed by Conference Report No. 1 on July
17, 2008, would make appropriations for the support of state
government for the 2008-09 fiscal year and be known as the "Budget
Act of 2008."
This bill would amend and supplement that Budget Act of 2008 by
revising items of appropriation for the Department of Parks and
Recreation related to the Railroad Technology Museum, thereby making
an appropriation.
The bill would make legislative findings and declarations
regarding the encumbrance and use of funds appropriated to the
Department of Parks and Recreation, payable from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund. The bill would appropriate amounts from the fund to the
department to make payments submitted by grant recipients prior to
June 30, 2008, for projects funded pursuant to Item 3790-103-0005 of
the Budget Act of 2000.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5093.32 of the Public Resources Code is amended
to read:
5093.32. As used in this chapter:
(a) "Minimum management requirements" means the minimum wilderness
management actions that are necessary to administer a wilderness
area for the purpose of this chapter.
(b) "Minimum tool" means the least intrusive tool, equipment,
device, regulation, action, or practice that will achieve the minimum
management requirements.
(c) "Roadless area" means a reasonably compact area of undeveloped
land that possesses the general characteristics of a wilderness, as
described in subdivision (c) of Section 5093.33, and within which
there is no improved road that is suitable for public travel by
motorized vehicles intended primarily for highway use.
(d) "Secretary" means the Secretary of the Resources Agency.
(e) "System" means the California wilderness preservation system.
(f) "Wilderness areas" means component areas of the system as
described in Section 5093.33, 5093.34, or 5093.345.
SEC. 2. Section 5093.345 is added to the Public Resources Code,
immediately preceding Section 5093.35, to read:
5093.345. (a) Limekiln State Wilderness, comprised of
approximately 413 acres of Limekiln State Park as generally depicted
on a map entitled "Limekiln State Park Wilderness" dated August 29,
2008, and filed with the Secretary of State and transmitted to the
secretary, is hereby designated as a component of the system. The
department may take measures to control fire, diseases, and insects
as provided in subdivision (c) of Section 5093.36.
(b) Notwithstanding any other provision of this chapter, the
California Coastal Trail, as specified in Section 31408, may be
located, designed, constructed, or operated within the Limekiln State
Wilderness.
SEC. 3. Section 5093.36 of the Public Resources Code is amended to
read:
5093.36. (a) Except as otherwise provided in this chapter, a
state agency with jurisdiction over an area designated as a
wilderness area shall be responsible for preserving the wilderness
character of the wilderness area and shall administer the area for
the purposes for which it has been established and to preserve its
wilderness character. Except as otherwise provided in this chapter,
wilderness areas shall be devoted to the public purposes of
recreational, scenic, scientific, educational, conservation, and
historical use.
(b) Except as specifically provided in this chapter, and subject
to private rights existing as of January 1, 1975, there shall be no
commercial enterprise and no permanent road within any wilderness
area. There shall be no temporary road, no use of motor vehicles,
motorized equipment, or motorboats, no landing or hovering of
aircraft, no flying of aircraft lower than 2,000 feet above the
ground, no other form of mechanical transport, and no structure or
installation within any wilderness area, except under either of the
following circumstances:
(1) It is necessary in an emergency involving the health and
safety of persons within the wilderness area.
(2) It is the minimum tool necessary to meet the minimum
management requirements.
(c) The following special provisions are hereby made:
(1) Within a wilderness area, measures may be taken as may be
necessary for the control of fire, insects, and diseases, subject to
conditions that the state agency with jurisdiction over the
wilderness area may deem desirable.
(2) Nothing in this chapter shall prevent any activity by any
public agency within a wilderness area, including prospecting, for
the purpose of gathering information about mineral or other resources
that the state agency with jurisdiction over the wilderness area has
determined will be carried on in a manner compatible with the
preservation of the wilderness environment.
(3) A state agency with jurisdiction over a wilderness area may
authorize the collection of hydrometeorological data and the conduct
of weather modification activities, including both atmospheric and
surface activities and environmental research, which are within,
over, or may affect wilderness areas and for those purposes may
permit access, installation, and use of equipment which is
specifically justified and unobtrusively located. Maximum practical
application of miniaturization, telemetry, and camouflage shall be
employed in conducting weather modification activities. In granting
permission for the conduct of data collection and weather
modification activities, the appropriate state agency may prescribe
operating and monitoring conditions that it deems necessary to
minimize or avoid long-term and intensive local impact on the
wilderness character of the wilderness areas affected.
(4) Within a wilderness area, the grazing of livestock, where
established prior to January 1, 1975, may be permitted to be
continued by the present lessee or permittee subject to limitation by
the terms and regulations that are deemed necessary by the state
agency with jurisdiction over the wilderness areas.
(5) This chapter does not apply to the aerial stocking of fish or
to the conduct of aerial surveys of wildlife species.
(6) A state agency with jurisdiction over a wilderness area may
authorize measures that address environmental damage or degradation
affecting wilderness character and resources if those measures are
consistent with the minimum management requirements and only the
minimum tools are used.
(7) Guidelines for the determination of the minimum management
requirements and the minimum tool shall be adopted by regulation.
SEC. 4. Item 3790-101-6029 is added to Section 2.00 of the Budget
Act of 2008, to read:
3790-101-6029--For local assistance,
Department of Parks and Recreation, payable
from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund, for grants to be available
for expenditure until June 30, 2011........... 6,626,000
Schedule:
(1) Railroad Technology
Museum Grant-
-Rehabilitation and
facilities plan....... 11,626,000
(2) Reimbursement:
Railroad Technology
Museum-
-Rehabilitation and
facilities plan....... -5,000,000
Provisions:
1. The funds appropriated in
Schedules (1) and (2) may be
granted by the Department of Parks
and Recreation to the California
State Railroad Museum Foundation
for the boiler shop core, shell,
and site rehabilitation and
development. The grant
agreement shall include provisions
that require the grantee to
conduct due diligence appropriate
for this transaction, as
determined in consultation with
the Department of Finance.
2. Upon completion of the boiler shop
core, shell, and site
rehabilitation and development,
the California State Railroad
Museum Foundation shall make the
facility available, at no cost,
for use by the Department of Parks
and Recreation as a part of the
California State Railroad Museum.
3. Ten years after the completion of
the boiler shop core, shell, and
site rehabilitation and
development, the California State
Railroad Museum Foundation shall
transfer the title to the site and
facility, at no cost, to the
State of California, Department of
Parks and Recreation, subject to
approvals from the State Public
Works Board and the Director of
Finance.
SEC. 5. Item 3790-491 of Section 2.00 of the Budget Act of 2008 is
amended to read:
3790-491--Reappropriation, Department of Parks and
Recreation. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes and subject to the
limitations, unless otherwise specified, provided for
in the appropriations:
0005-- Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(.5) Item 3790-301-0005, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 3790-490,
Budget Act of 2003 (Ch. 157, Stats.
2003), and Item 3790-491, Budget Acts
of 2005 (Chs. 38 and 39, Stats. 2005)
and 2006 (Chs. 47 and 48, Stats. 2006)
(5.5) 90.86.100-Rancho San
Andreas: Castro Adobe-
-Preliminary plans, working
drawings, and construction
(20) 90.H9.101-Cardiff SB:
Rebuild South Cardiff
Facilities--Construction
+
(1) Item 3790-301-0005, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3790-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005)
(1) 90.GI.101-Crystal Cove State
Park: El Morro Mobilehome
Park Conversion--
Construction
+
(2) Item 3790-301-0005, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
partially reappropriated by Item 3790-
491, Budget Act of 2006 (Chs. 47 and
48, Stats. 2006)
(3) 90.I6.101-San Elijo SB:
Replace Main Lifeguard Tower-
- Preliminary plans and
working drawings
(9) 90.86.100-Rancho San
Andreas: Castro Adobe-
-Construction
+
(3) Item 3790-301-0005, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3790-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(3) 90.I6.101-San Elijo SB:
Replace Main Lifeguard Tower-
- Construction and equipment
(6) 90.8J.101-Columbia SHP:
Drainage Improvements--
Working drawings and
construction
+
(4) Item 3790-301-0005, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(2) 90.RS.205-Statewide: State
Park System--Minor projects
0262--Habitat Conservation Fund
(1) Item 3790-301-0262, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005)
(1) 90.RS.406-Habitat
Conservation: Proposed
Additions--Acquisition
0263-- Off-Highway Vehicle Trust Fund
(1) Item 3790-301-0263, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005)
(1) 90.RS.405-Statewide: OHV
Opportunity Purchase/Budget
Package/Schematic Planning--
Acquisition and study
0890-- Federal Trust Fund
(1) Item 3790-301-0890, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(.5) 90.I6.101-San Elijo State
Beach: Replace Main
Lifeguard Tower--Construction
(1) 90.RS.801-Federal Trust Fund
Program-- Acquisition,
preliminary plans, working
drawings, and
construction
6029-- California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Chapter 1126, Statutes of 2002, as
reappropriated by Item 3790-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), as reappropriated by
Item 3790-491, Budget Acts of 2006
(Chs. 47 and 48, Stats. 2006) and 2007
(Chs. 171 and 172, Stats. 2007)
(2) 90.8L.101-California Indian
Museum: Preliminary plans,
working drawings, and
construction
+
(1.5) Item 3790-301-6029, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 3790-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005)
(1) 90.FJ.103-Will Rogers SHP:
Restoration Historic
Landscape--Construction
(6) 90.RS.224-Statewide:
Acquisition-Proposition 40-
-Acquisition
+
(1.8) Item 3790-301-6029, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 3790-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), Item 3790-493, Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), and Item 3790-491, Budget Act
of 2007 (Chs. 171 and 172, Stats. 2007)
(1) 90.AC.101-Railroad
Technology Museum:
Rehabilitation and
Facilities Plan--Study and
preliminary plans
+
(2) Item 3790-301-6029, Budget Act of 2004
(Ch. 208, Stats. 2004), as partially
reappropriated by Item 3790-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), Budget Act of 2006 (Chs.
47 and 48, Stats. 2006), and Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007)
(2.2) 90.E4.104-Chino Hills SP:
Entrance Road and Facilities-
- Working drawings
(5.1) 90.8D.102-Donner Memorial
SP: New Visitor Center--
Working drawings,
construction, and equipment
(5.4) 90.42.101-MacKerricher State
Park: Rehabilitate Historic
Pudding Creek Trestle--
Construction
(5.7) Reimbursement-Donner
Memorial SP: Visitor Center
+
(3) Item 3790-301-6029, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005)
(3) 90.E4.104-Chino Hills State
Park: Entrance Road and
Facilities--Construction and
equipment
(5) 90.RS.412-Statewide: State
Park System Opportunity and
Inholding Acquisitions--
Acquisition
+
(4) Item 3790-301-6029, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3790-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(3.5) 90.8D.102-Donner Memorial
SP: New Visitor Center--
Working drawings and
construction
(3.8) Reimbursement-- Donner
Memorial SP: New Visitor
Center
+
(5) Item 3790-301-6029, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(1) 90.RS.810-Capital Outlay
Projects-- Acquisition,
preliminary plans, working
drawings, capital outlay,
and minor projects
(3) Reimbursements: Capital
Outlay Projects
+
(6) Item 3790-301-6029, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3790-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(3) 90.2U.102-Jedediah Smith
Redwoods State Park: Aubell
Maintenance Facility-
-Construction
6051--Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006
(1) Item 3790-301-6051, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(3.5) 90.KZ.104-Los Angeles SHP:
Planning and Phase I Build-
Out--preliminary plans
(5) 90.8I.101-Calaveras Big
Trees State Park: New
Visitor Center--Working
drawings, construction, and
equipment
(6) Reimbursements: Calaveras
Big Trees State Park: New
Visitor Center
SEC. 6. Item 3790-495 of Section 2.00 of the Budget Act of 2008 is
amended to read:
3790-495--Reversion, Department of Parks and
Recreation. As of June 30, 2008, the unencumbered
balances of the appropriations provided in the
following citations shall revert to the fund from
which the appropriations were made:
0005--Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(1) Item 3790-301-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), as
reappropriated by Item 3790-490, Budget
Act of 2003 (Ch. 157, Stats. 2003), as
reappropriated by Item 3790-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
(16) 90.KV.100-Los Angeles River
Parkway Project: Acquisition
and Development--Acquisition
+
(2) Item 3790-301-0005, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 3790-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
(14) 90.5N.101-Mount Diablo State
Park: Road System
Improvements--Construction
0263--Off-Highway Vehicle Fund
(1) Item 3790-301-0263, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3790-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
(1) 90.A7.102-Prairie City SVRA:
Improvement Project--Working
Drawings and construction
6029--California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Item 3790-301-6029, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3790-491, Budget
Act of 2005 (Chs. 38 and 39, Stats. 2005)
(0.5) 90.AC.101-Railroad Technology
Museum: Rehabilitation and
Facilities Plan-- Working
drawings and construction
(5.3) 90.8X.101-Plumas-Eureka State
Park: Stamp Mill Preservation-
-Study and partial construction
(5.5) Reimbursement-Railroad
Technology Museum:
Rehabilitation and Facilities
Plan
SEC. 7. (a) The Legislature finds and declares all of the
following:
(1) Pursuant to Item 3790-103-0005 of Section 2.00 of the Budget
Act of 2000 (Chapter 52 of the Statutes of 2000), grant moneys (per
capita) were appropriated for local assistance to the Department of
Parks and Recreation, payable from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Fund.
(2) Pursuant to subdivision (d) of Section 5096.341 of the Public
Resources Code, a recipient of grant funds described in paragraph (1)
must complete all funded projects within eight years of the
effective date of the appropriation.
(3) For the following projects funded by grants pursuant to Item
3790-103-0005 of Section 2.00 of the Budget Act of 2000 (Chapter 52
of the Statutes of 2000), moneys were encumbered, projects were
timely completed, and documentation for payments was submitted to the
Department of Parks and Recreation prior to June 30, 2008:
(A) The City of Fullerton, rehabilitation of Adlena and Byerrum
Parks.
(B) The City of Laguna Hills, project for Beckenham Park (CIP No.
229).
(C) The City of Newport Beach, project for the Newport Theater
Arts Center.
(D) The Southgate Recreation Park District, Sky Park irrigation
system upgrade.
(E) The City of Brisbane, project for the Crocker Park Trail.
(b) The following amounts are appropriated from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund to the Department of Parks and Recreation to make the
following payments:
(A) One million eight hundred ninety-three dollars ($1,000,893) to
the City of Fullerton.
(B) Two hundred eighty-one thousand dollars ($281,000) to the City
of Laguna Hills.
(C) Eight thousand seven hundred thirty-nine dollars ($8,739) to
the City of Newport Beach.
(D) Seventeen thousand eighty-nine dollars ($17,089) to the
Southgate Recreation Park District.
(E) Four thousand one hundred forty-one dollars ($4,141) to the
City of Brisbane.
SEC. 8. Sections 4 to 6, inclusive, of this act shall become
operative only if the Budget Act of 2008, Assembly Bill 1781, as
proposed by Conference Report No. 1 on July 17, 2008, is enacted and
becomes effective on or before January 1, 2009.