SECTIONS 5096.155-5096.159 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5096.155-5096.159

5096.155. (a) Funds available for appropriation for local
assistance grants pursuant to subdivision (a) of Section 5096.151 may
be expended for the acquisition of parks, beaches, open-space lands,
recreational trails, recreation facilities and areas, and historical
resources, and for development rights and scenic easements in
connection with such lands and resources.
(b) Funds granted pursuant to subdivision (a) of Section 5096.151
may be expended for development, rehabilitation, or restoration only
on lands owned by, or subject to a lease or other interest held by,
the applicant city, county, or district. If such lands are not owned
by the applicant, the applicant shall first demonstrate to the
satisfaction of the Director of Parks and Recreation that the
development, rehabilitation, or restoration will provide benefits
commensurate with the type and duration of interest in land held by
the applicant.

5096.156. (a) All of the funds authorized in subdivision (a) of
Section 5096.151 for local assistance grants shall be allocated among
the counties on the basis of their populations as most recently
projected by the Department of Finance for 1980.
(b) Each total county allocation of such funds shall be in the
same ratio as the county's population is to the state's total
population; provided, however, that each county shall be entitled to
a minimum allocation of one hundred thousand dollars ($100,000).
(c) Each county shall consult with all cities and districts within
the county and shall develop and submit a priority plan for
expenditure of the total county allocation to the state for approval.
The priority plan shall consist of an apportionment of the total
county allocation to the county, cities, and districts. The priority
plan may include the names of individual projects under each
jurisdiction and shall reflect consideration of deficiencies within
the county in the preservation of historical resources and natural
landscapes as well as in the provision of recreational areas and
facilities. The priority plan shall be approved by at least 50
percent of the cities and districts representing 50 percent of the
population of the cities and districts within the county, and by the
county board of supervisors. Recognizing the fact that the boundaries
of some cities and districts overlap, only the jurisdictions that
will actually provide the facilities contemplated in the priority
plan may participate in the approval process. In any county in which
a regional park or open-space district is wholly or partially
located, the priority plan shall reflect regional park or open-space
needs as well as community and neighborhood park and recreation
needs.
(d) The priority plan shall be submitted prior to January 1, 1982,
to the Director of Parks and Recreation for approval. Failure to
submit a priority plan by January 1, 1982, shall result in a 10
percent annual reduction of the total county allocation until the
priority plan is submitted. By January 1, 1984, if the priority plan
has not been submitted to the Director of Parks and Recreation, the
county board of supervisors shall petition the Director of Parks and
Recreation to distribute to high-priority projects the remaining 80
percent of the total county allocation. Any funds not allocated to a
county shall remain in the fund and shall be expended in the manner
provided in Section 5096.211. In addition, with the consent of all
the cities and districts in the county, the county board of
supervisors may reject all or part of the state grant moneys
allocated to it pursuant to this section, and such moneys shall be
expended in the manner provided in Section 5096.211.
(e) Local assistance grants made pursuant to this article for the
acquisition of real property shall be on the basis of 75 percent
state grants moneys and 25 percent local matching money for the
project. Grants shall be matched only by money or property donated to
be part of the acquisition project. The grant recipient shall
certify to the Department of Parks and Recreation that there is
available, or will become available prior to the commencement of any
work on the project for which application for a grant has been made,
matching money from a nonstate source. The certification of the
source and amount of the funds shall be set forth in the application
for a grant submitted to the department. Local matching money shall
not be required with respect to a grant recipient that has urgent
unmet needs for recreational lands and lacks the financial resources
to acquire recreational lands, as determined pursuant to a formula
set forth in regulations adopted by the Director of Parks and
Recreation after a public hearing.
(f) Applications for individual projects may be submitted directly
to the Director of Parks and Recreation by individual jurisdictions.

5096.157. (a) An application for a local assistance grant pursuant
to this article shall be submitted to the Director of Parks and
Recreation for review. The application shall be accompanied by
certification from the planning agency of the applicant that the
project is consistent with the park and recreation plan for the
applicant's jurisdiction and would satisfy a demonstrated need.
(b) The minimum amount that may be applied for any individual
project is twenty thousand dollars ($20,000).
(c) Every application for a grant shall comply with the provisions
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000)).
(d) Upon completion of the review of applications submitted
pursuant to subdivision (a), approved projects shall be forwarded to
the Director of Finance for inclusion in the Budget Bill.

5096.158. (a) No state grant funds may be disbursed until the
applicant agrees that any property acquired or developed with such
funds shall be used by the applicant only for the purpose for which
the funds were requested and that no other use of the property shall
be permitted except by specific act of the Legislature.
(b) No state grant funds may be disbursed unless the applicant
agrees to maintain and operate the property acquired or developed
pursuant to this article for a period commensurate with the type of
project and the proportion of state grant funds and local funds
allocated to the capital costs of the project.

5096.159. Funds appropriated for local assistance grants pursuant
to subdivision (a) of Section 5096.151 shall be encumbered by the
recipient within three years of the date the appropriation became
effective, regardless of the date when each project was approved
pursuant to subdivision (d) of Section 5096.157.