BILL NUMBER: SB 832	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 11, 2014
	AMENDED IN SENATE  FEBRUARY 14, 2014

INTRODUCED BY   Senator Gaines
   (Principal coauthor: Assembly Member Dahle)

                        JANUARY 6, 2014

   An act to add Section 5003.20 to the Public Resources Code,
relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 832, as amended, Gaines. State parks: Kings Beach State
Recreation Area.
   Under existing law, the Department of Parks and Recreation is
required to operate, manage, and maintain units of the state park
system. Existing law regulates the sale of surplus state property.
   This bill would authorize the Director of Parks and Recreation to
grant to the North Tahoe Public Utility District, subject to
specified conditions, all of the rights, title, and interest of the
state in the Kings Beach State  Recreational  
Recreation  Area, in the County of Placer. The bill would
require that the real property conveyed be operated, maintained, and
improved by the North Tahoe Public Utility District for public
recreation purposes, as defined.  The bill would authorize the
department, if it determines the North Tahoe Public Utility District
is not using the property in a manner consistent with the conditions
of use specified in the bill, after providing the district with
written notice, including a description of the inconsistent use, and
a reasonable opportunity for the district to correct the identified
inconsistent use, to access and take possession of the property, and
resume operating the property on a year-round basis, consistent with
those conditions for use, at which time title to the property would
revert to the state.
   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 5003.20 is added to the Public Resources Code,
to read:
   5003.20.  (a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government Code
that relate to the disposition of state-owned real property, the
director may grant to the North Tahoe Public Utility District,
subject to the conditions set forth in this section, all of the
rights, title, and interest of the state in the Kings Beach State
Recreation Area, in the County of Placer.
   (b) The grant shall be subject to all of the following conditions:

   (1) The real property conveyed shall be operated, maintained, and
improved by the North Tahoe Public Utility District for public
recreation purposes in perpetuity, consistent with any covenants,
conditions, and restrictions in the deed transferring the property.
The North Tahoe Public Utility District shall operate and keep open
the property and its parking facilities on a year-round basis.

   (2) The North Tahoe Public Utility District shall pay the
department fair market value, in accordance with mutually agreed upon
terms, for the real property conveyed and as restricted by paragraph
(1). The fair market value shall be determined by an appraisal that
is reviewed and approved by the Department of General Services.
 
   (3) At the option of the state, the real property conveyed shall
revert to the state if the real property is not used for public
recreation purposes.  
   (4) 
    (2)  The North Tahoe Public Utility District shall take
the property as is and assume responsibility for compliance with the
 federal  Americans with Disabilities Act of 1990, as
amended (42 U.S.C. Sec. 12101 et seq.). 
   (3) If the department determines that the North Tahoe Public
Utility District is not using the property in a manner consistent
with the conditions for use set forth in this subdivision, the
department may, after providing the district with written notice,
including a description of the inconsistent use, and a reasonable
opportunity to correct the identified inconsistent use, access and
take possession of the property and resume operating the property on
a year-round basis, consistent with the above conditions, at which
time title to the property shall revert to the state. 
   (c) The Legislature finds and declares that the transfer to the
North Tahoe Public Utility District of the real property described in
subdivision (a) and subject to the conditions specified in
subdivision (b) is excepted from the provisions of Section 5096.516
in accordance with paragraph (3) of subdivision (c) of Section
5096.516.
   (d) For purposes of this section  ,  "public recreation
purposes" includes, but is not limited to, beach use, use of parking
facilities for events  and other uses within the North Tahoe
Event Center operated by the North Tahoe Public Utility District
Recreation and Parks Department, use of parking facilities  by
community residents, visitors, and concessionaires, and other uses
appropriate to generate funding to support those uses on the
property.