BILL NUMBER: SB 679	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 679, as amended, Wolk. State parks: acquired land: limits on
disposition or use.
   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 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  on and after
January 1, 2010,  for the state park system, through public
funds or gifts, from being disposed of or used for other than park
purposes without the  express authority of an act of the
Legislature   substitution of other land  . This
bill would require the California Parks and Recreation Commission to
certify that all requests  for that authority  
to dispose of or use the land for other than park purposes 
provide for the substitution of other land  of equal
environmental value or other value for which the park was established
and fair market value and reasonably equivalent usefulness and
location to those to be disposed of or used for other than park
purposes.   meeting certain criteria. The bill would
require that the commission consider requests only if all practical
alternatives that avoid the proposed disposal or use of park lands
for other than park purposes have been considered. 
   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
than park purposes without the  express authority of an act
of the Legislature   substitution of other land pursuant
to subdivision (b)  . 
    (b) The California Parks and Recreation Commission shall certify
that all requests for authority to dispose of or use for other than
park purposes land described in subdivision (a) shall provide for the
substitution of other land of equal environmental value or other
value for which the park was established and fair market value and
reasonably equivalent usefulness and location to those to be disposed
of or used for other than park purposes.  
   (c) Gifts or bequests received on and after January 1, 2010, for
the purposes described in subdivision (a) are subject to disposal or
use for other than park purposes if the substitution requirements in
subdivision (b) are met.  
   (b) (1) The California Park and Recreation Commission shall
certify that all requests to dispose of or use for other than park
purposes land described in subdivision (a) shall provide for the
substitution of other land that meets all of the following criteria:
 
   (A) Equal environmental value or other value for which the park
was established.  
   (B) Has the same or greater fair market value, as established by
an approved appraisal.  
   (C) Is within the same geographical area.  
   (D) Provides reasonably equivalent public access and recreational
value, or has reasonably equivalent natural, cultural, or historic
significance.  
   (2) The commission shall consider requests only if all practical
alternatives that avoid the proposed disposal or use of park lands
for other than park purposes have been considered.