Bill Text: CA SB372 | 2009-2010 | Regular Session | Enrolled
Bill Title: State parks system: unit modification, adjustment, or
Sponsorship: Partisan Bill (Democrat 2)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB372 Detail]
Download: California-2009-SB372-Enrolled.html
BILL NUMBER: SB 372 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN ASSEMBLY JULY 14, 2009
AMENDED IN ASSEMBLY JUNE 23, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Kehoe
(Coauthor: Senator Wolk)
FEBRUARY 26, 2009
An act to amend Section 5019.50 of the Public Resources Code,
relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 372, Kehoe. State parks system: unit modification, adjustment,
or removal.
Existing law requires that all units of the state park system be
classified by the State Park and Recreation Commission into one of
several categories.
This bill would prohibit, with exceptions, a modification or
adjustment of boundaries or uses of state park units, that lie within
a unit of the state park system, that is incompatible with state
park purposes and that would significantly reduce public use or the
material, cultural, or historic significance of the unit, as
determined by the Director of Parks and Recreation, or the removal of
state park units from within the state park system, without the
commission making that recommendation to the Legislature, as
prescribed, and the Legislature enacting legislation or adopting a
resolution approving the recommendation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5019.50 of the Public Resources Code is amended
to read:
5019.50. (a) All units that are or shall become a part of the
state park system, except those units or parts of units designated by
the Legislature as wilderness areas pursuant to Chapter 1.3
(commencing with Section 5093.30), or where subject to any other
provision of law, including Section 5019.80 and Article 1 (commencing
with Section 36600) of Chapter 7 of Division 27, shall be classified
by the State Park and Recreation Commission into one of the
categories specified in this article. Classification of state marine
reserves, state marine parks, and state marine conservation areas
require the concurrence of the Fish and Game Commission for
restrictions to be placed upon the use of living marine resources.
(b) A modification or adjustment of boundaries or uses of state
park units, that lie within a designated unit of the state park
system, that is incompatible with state park purposes and that would
significantly reduce public use or the material, cultural, or
historic significance of the state park unit, as determined by the
Director of Parks and Recreation, or the removal of state park units
from within the state park system shall require a recommendation for
that modification, adjustment, or removal by the State Park and
Recreation Commission to the Legislature and that the Legislature
enact legislation or adopt a resolution approving the recommendation.
(c) In making its recommendation, the commission shall identify,
in a report to the Legislature, how the modification or adjustment
will change the mission, purposes, and management objectives for the
state park unit, and the commission shall certify that no feasible
alternatives exist and the modification or adjustment of the
boundaries or use serves a public necessity.
(d) (1) This section shall not apply to existing uses of state
park lands that have been authorized on or before January 1, 2010, by
existing permits, deeds, easements, a memorandum of understanding,
or other written agreement with the department or by the general plan
for a state park unit.
(2) This subdivision does not expand or facilitate the use of
state park lands beyond the current use allowed on or before January
1, 2010, by written agreement with the department.
