SECTIONS 500-514 - California Statutes

PUBLIC RESOURCES CODE

SECTION 500-514

500. As used in this chapter, "department" means the Department of
Parks and Recreation and "director" means the Director of Parks and
Recreation.

501. There is in the Resources Agency, the Department of Parks and
Recreation. The department shall be conducted under the control of an
executive officer known as the Director of Parks and Recreation. The
director shall be appointed by and hold office at the pleasure of
the Governor and shall receive an annual salary as provided in
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code. The appointment of the director shall
be subject to confirmation by the Senate.

503. The department succeeds to and is vested with all of the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Department of Natural Resources or the Director of Natural
Resources and exercised by the following divisions of the Department
of Natural Resources: Beaches and Parks and Recreation.
Wherever any reference is made to the Department of Natural
Resources or to the Director of Natural Resources pertaining to a
duty, power, purpose, responsibility or jurisdiction transferred to
the Department of Parks and Recreation by this section, it shall be
deemed to be a reference to, and to mean, the Department of Parks and
Recreation or to the Director of Parks and Recreation, as the case
may be.

504. The department may expend the money in any appropriation or in
any special fund in the State Treasury made available by law for the
administration of the statutes the administration of which is
committed to the department, or for the use, support, or maintenance
of any board, bureau, commission, department, office or officer whose
duties, powers, and functions have been transferred to and conferred
upon the department. Such expenditures by the department shall be
made in accordance with law in carrying out the purposes for which
the appropriations were made or the special funds created.

505. The department shall have possession and control of all
records, books, papers, offices, equipment, supplies, moneys, funds,
appropriations, land and other property, real or personal, held for
the benefit or use of all bodies, offices, and officers whose duties,
powers, and functions have been transferred to and conferred upon
the department.

506. The provisions of Chapter 2 (commencing with Section 11150),
Part 1, Division 3, Title 2 of the Government Code apply to the
director. The director may appoint, in accordance with civil service,
such deputies, officers, and other employees as may be necessary.

507. There shall be one Deputy Director of Parks and Recreation who
shall be a civil executive officer and shall be appointed by the
Governor and serve at the pleasure of the Governor. The compensation
of the deputy director shall be fixed by the director pursuant to
law. The deputy director shall have such duties as shall be assigned,
from time to time, by the director, and he shall be responsible to
the director for the performance thereof.

507.1. For the purpose of administration, the director shall
organize the department with the approval of the Governor in the
manner he deems necessary to segregate and conduct the work of the
department properly. With the approval of the Governor, the director
may create such divisions and subdivisions as may be necessary and
change or abolish them from time to time. The Division of Beaches and
Parks and the Division of Recreation are hereby abolished and
whenever any reference in any code or statute is made to the Division
of Beaches and Parks or the Division of Recreation pertaining to a
duty, power, purpose, responsibility or jurisdiction of the Division
of Beaches and Parks or the Division of Recreation it shall be deemed
to be a reference to and to mean the Department of Parks and
Recreation.

508. The director, with approval of the Director of Finance, may
accept on behalf of the department federal grants for the purposes
for which the department is established. Such grants shall be
deposited in the Special Deposit Fund in the State Treasury provided
for by Section 16370 of the Government Code, and may be expended
under such terms and conditions as may be required by the federal
government.

508.5. Notwithstanding Section 14, or any other provision of law,
the City and County of San Francisco shall be considered both a city
and a county by the Department of Parks and Recreation for purposes
of the allocation of funds pursuant to any provision of this code.

509. Whenever the department has received and deposited any money
in the State Treasury to the credit of the General Fund in an
excessive amount or in error, or whenever a refund of all or a
portion of such money is due any person, firm, or corporation because
of the termination of an agreement or other lawful reason, payment
of such refund shall be made upon the filing of a claim by the
director with the State Controller. The State Controller shall draw
his warrant for payment of the refund from any appropriation made for
that purpose.

510. The department may adopt, alter, change or amend any state
master plan of shoreline development.

511. The department, with the approval of the Department of General
Services, may procure insurance on vessels owned or operated by the
department against the usual hazards in addition to the special
hazards occasioned by the existence of a state of war.

512. For the purpose of disseminating information relating to its
activities, powers, duties, or functions, the department may issue
publications, construct and maintain exhibits, and perform such acts
and carry on such functions as in the opinion of the director will
best tend to disseminate such information.
Such publications may be distributed free of charge to public
libraries and to other state departments and state officers. The
department may exchange copies with contemporary publications.
All money received by the department from the sale of publications
shall be paid into the State Treasury to the credit of the General
Fund.

513. (a) The department, as a means of furthering the interpretive
and educational functions of the state park system, may enter into an
agreement to act cooperatively with a nonprofit cooperating
association engaged in educational or interpretive work in a state
park system unit, as the director may designate, whereby the
cooperating association would furnish educational and interpretive
materials, or educational and interpretive services, or educational
and interpretative materials and services, for sale to the public.
(b) Pursuant to Article 1 (commencing with Section 5080.02) of
Chapter 1.2 of Division 5, a concession may provide materials and
services that are intended to add to the convenience, enjoyment, and
safety of state park system visitors. A concession may also provide,
pursuant to this section, educational and interpretive materials and
services, as described in paragraphs (2) and (3) of subdivision (d),
with the approval of the department.
(c) A cooperating association may provide, pursuant to this
section, noneducational and noninterpretive materials and services,
as described in paragraph (4) of subdivision (d), as part of its
cooperating association program with the approval of the department,
if the department is unable to obtain, through a good faith effort, a
concessionaire to provide those materials and services.
(d) For purposes of this section, the following definitions apply:
(1) "Cooperating association" means a corporation that meets all
of the following criteria:
(A) The corporation is a nonprofit public benefit corporation,
organized pursuant to Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code.
(B) The articles of incorporation of the corporation state that
the specific purpose of the corporation is to provide support for
educational and interpretive programs of the state park system, or
portions of the programs.
(C) The corporation has a cooperating association program contract
with the department.
(D) The corporation is in compliance with the department's
policies and guidelines regarding cooperating associations and has
obtained the department's approval for its educational and
interpretive materials and services.
(2) "Educational and interpretive materials" include items that
promote visitor appreciation, understanding, and knowledge of
natural, cultural, and historic resources of the state park system,
including educational and interpretive gifts and souvenirs.
(3) "Educational and interpretive services" include those
activities and programs that focus on natural, cultural, and historic
resources of the state park system and are not generally offered by
the department.
(4) "Educational and interpretive materials and services" do not
include lodging, food service, horse and equipment rentals, camping
supplies, gifts and souvenirs, other than those described in
paragraph (2), transportation, except for equipment owned by the
department, recreational lessons, and the operation of specialized
facilities within a state park unit such as the theater at Hearst San
Simeon State Historic Monument and Old Town San Diego State Historic
Park, golf courses, and marinas.
(e) The department, at its discretion, may provide the services of
department personnel and shall provide space, if available, for the
sale of cooperating association materials, services, or both, within
a state park unit.
(f) Subject to rules and regulations that the director shall
adopt, all moneys collected by the cooperating association or
received by the department from the sale of cooperating association
materials, services, or both, provided by a cooperating association
shall be retained by or returned to the cooperating association for
use in the interpretive and educational programs of the state park
system unit that the cooperating association has been designated to
serve.

513.1. The department may provide space and facilities for schools
to use for environmental education purposes within units of the state
park system.

514. Notwithstanding any other provision of this code or of law and
except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code, on and after January 1, 1980, the department or the
director shall not adopt nor publish a building standard as defined
in Section 18909 of the Health and Safety Code unless the provisions
of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of
the Health and Safety Code are expressly excepted in the statute
under which the authority to adopt rules, regulations, or orders is
delegated. Any building standard adopted in violation of this section
shall have no force or effect. Any building standard adopted before
January 1, 1980, pursuant to this code and not expressly excepted by
statute from such provisions of the State Building Standards Law
shall remain in effect only until January 1, 1985, or until adopted,
amended, or superseded by provisions published in the State Building
Standards Code, whichever occurs sooner.