BILL NUMBER: SB 580	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senators Wolk and Kehoe
    (   Coauthors:   Senators   Evans
  and Pavley   )
   (  Coauthor:   Assembly Member 
 : Chesbro   Coauthors:   Assembly
Members   : Chesbro   and Huffman  )

                        FEBRUARY 17, 2011

   An act to add Section 5013.2 to the Public Resources Code,
relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 580, as amended, Wolk. State parks: acquired land: limits on
disposition or use. 
   The 
    Existing law authorizes   the  Department of
Parks and Recreation, with the consent of the Department of Finance,
 is authorized  to acquire title to or any interest
in real property that the department deems necessary or proper for
the extension, improvement, or development of the state park system.
 The   Existing law also authorizes the 
department  is also authorized  to accept monetary
and real property gifts to be used in any connection with the state
park system.
   This bill would prohibit land acquired for the state park system,
through public funds or gifts, from being disposed of or used for
other purposes incompatible with park purposes without the
substitution of other land. This bill would require the State Park
and Recreation Commission, following a duly noticed public hearing,
to certify that all requests to dispose of or use the land for other
purposes incompatible with park purposes provide for the substitution
of other land meeting certain criteria. If lands that fully meet the
substitution eligibility criteria cannot be acquired, the commission
would be authorized, if certain conditions are met, to approve a
combination of substitute park lands and monetary compensation to
allow for the disposal or use of lands for other purposes
incompatible with park purposes. The bill would require that the
commission consider requests only if the commission determines that
all practical alternatives that avoid the proposed disposal or use of
park lands for other purposes incompatible with park purposes have
been considered.
   This bill would provide that its provisions shall not apply to
existing uses of state park lands that have been authorized on or
before January 1, 2012, by written agreement with the Department of
Parks and Recreation or by the general plan for a state park unit.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5013.2 is added to the Public Resources Code,
to read:
   5013.2.  (a) Land acquired for the state park system with public
funds or through receipt of gifts or bequests from individuals or
private entities with the express purpose of expanding or maintaining
the state park system shall not be disposed of or used for other
purposes incompatible with park purposes without the substitution of
other land pursuant to subdivision (b).
   (b) Following a duly noticed public hearing, the State Park and
Recreation Commission shall certify that  all requests
  any request  to dispose of or use for other
purposes incompatible with park purposes land described in
subdivision (a) shall provide for the substitution of other land that
meets all of the following criteria:
   (1) Has equal  environmental value  
environmental, natural, cultural, or historical value,  or other
value for which the park was established.
   (2) Has the same or greater fair market value, as established by
an  approved appraisal   appraisal conducted by
a qualified member of the   Appraisal Institute who is
licensed pursuant to Part 3 (commencing with Section 11300) of
Division 4 of the Business and Professions Code  .
   (3) Is located in an area that would allow for use of the
substitute park land by generally the same persons who used the
acquired land.
   (4) Provides reasonably equivalent public access and recreational
 value, or has reasonably equivalent natural, cultural, or
historic significance.   value. 
   (c) In the event that substitute lands cannot be acquired to fully
meet the requirements of subdivision (b), the commission may approve
a combination of substitute park lands and monetary compensation to
allow for the disposal or use of lands pursuant to subdivision (a) if
all of the following criteria are met:
   (1) To the greatest extent possible, all substitute lands meet the
requirements of subdivision (b).
   (2) Any monetary compensation is equal to or greater than the fair
market value of the lands under subdivision (a) that are not
otherwise substituted for under paragraph (1), as established by an
 approved appraisal   appraisal conducted by a
qualified member of the Appraisal Institute who is licensed pursuant
to Part 3 (commencing with Section   11300) of Division 4 of
the Business and Professions Code  .
   (3) Any monetary compensation is sufficient to enable the
department to acquire, in fee simple, other park lands of equal
acreage to the lands not otherwise substituted for under paragraph
(1), plus the costs of developing those park lands, including park
facilities and other improvements to the land as may be deemed
necessary by the commission. The department shall give preference to
the acquisition of substitute park lands that are located generally
within the geographic region affected by the loss of park lands under
this section.
   (d) The commission shall consider requests for purposes of
subdivision (b) only if the commission determines that all practical
alternatives that avoid the proposed disposal or use of park lands
for other purposes incompatible with park purposes have been
considered. In making the determination, the commission shall
consider information provided by other governmental entities with
regulatory or permitting authority over the proposed nonpark use and
other interested parties.
   (e) This section shall not apply to existing uses of state park
lands that have been authorized on or before January 1, 2012, by
written agreement with the department pursuant to an existing permit,
a legally recorded deed, a memorandum of understanding, or other
written agreement with the department, or by the general plan for a
state park unit. This subdivision does not expand or facilitate the
use of state park lands beyond the current use allowed on or before
January 1, 2012, by written agreement with the department.