SECTIONS 5096.620-5096.633 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5096.620-5096.633

5096.620. The eight hundred thirty-two million five hundred
thousand dollars ($832,500,000) allocated pursuant to subdivision (b)
of Section 5096.610 shall be available for appropriation by the
Legislature for local assistance programs, in accordance with the
following schedule:
(a) The sum of three hundred fifty million dollars ($350,000,000)
to the department for grants, in accordance with Section 5096.621,
and on the basis of population, for the acquisition and development
of neighborhood, community, and regional parks and recreation lands
and facilities in urban and rural areas.
(b) The sum of two hundred million dollars ($200,000,000) to the
department for grants, in accordance with the Roberti-Z'berg-Harris
Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing
with Section 5620)).
(c) The sum of twenty-two million five hundred thousand dollars
($22,500,000) on a per capita basis in accordance with subdivision
(g) of Section 5096.621.
(d) The sum of two hundred sixty million dollars ($260,000,000) to
the department for grants for urban and special need park programs
in accordance with Section 5096.625.

5096.621. (a) Sixty percent of the total funds available for grants
pursuant to subdivision (a) of Section 5096.620 shall be allocated
to cities and to districts other than a regional park district,
regional park and open-space district, or regional open-space
district. Each city's and district's allocation shall be in the same
ratio as the city's or district's population is to the combined total
of the state's population that is included in incorporated areas and
unincorporated areas within the district, except that each city or
district shall be entitled to a minimum allocation of two hundred
twenty thousand dollars ($220,000). In any instance in which the
boundary of a city overlaps the boundary of such a district, the
population in the area of overlapping jurisdiction shall be
attributed to each jurisdiction in proportion to the extent to which
each operate and manage parks and recreational areas and facilities
for that population. In any instance in which the boundary of a city
overlaps the boundary of such a district, and in the area of overlap
the city does not operate and manage parks and recreational areas and
facilities, all grant funds shall be allocated to the district.
(b) Each city and each district subject to subdivision (a) whose
boundaries overlap shall develop a specific plan for allocating the
grant funds in accordance with the formula specified in subdivision
(a). If, by April 1, 2003, the plan has not been agreed to by the
city and district and submitted to the department, the director shall
determine the allocation of the grant funds among the affected
jurisdictions.
(c) Forty percent of the total funds available for grants pursuant
to subdivision (a) of Section 5096.620 shall be allocated to
counties and regional park districts, regional park and open-space
districts, or regional open-space districts formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3.
(d) Each county's allocation under subdivision (a) shall be in the
same ratio as the county's population, except that each county shall
be entitled to a minimum allocation of one million two hundred
thousand dollars ($1,200,000).
(e) In any county that embraces all or part of the territory of a
regional park district, regional park and open-space district, or
regional open-space district, whose board of directors is not the
county board of supervisors, the amount allocated to the county shall
be apportioned between that district and the county in proportion to
the population of the county that is included within the territory
of the district and the population of the county that is outside the
territory of the district.
(f) For the purpose of making the calculations required by this
section, population shall be determined by the department, in
cooperation with the Department of Finance, on the basis of the most
recent verifiable census data and other verifiable population data
that the department may require to be furnished by the applicant
city, county, or district.
(g) Of the funds appropriated in subdivision (c) of Section
5096.620, twelve million five hundred thousand dollars ($12,500,000)
shall be allocated to a city with an urban population greater than
three million five hundred thousand in a county of the first class,
and ten million dollars ($10,000,000) shall be allocated to a county
of the first class.
(h) The Legislature finds and declares that it intends all
recipients of funds pursuant to subdivision (a) of Section 5096.620
to use those funds to supplement local revenues, in existence on the
effective date of the act adding this chapter during the 2001-02
Regular Session, that are being used for parks or other projects
eligible for funds under this chapter. To receive any allocation
pursuant to subdivision (a) of Section 5096.620, the recipient may
not reduce the amount of funding otherwise available to be spent on
parks or other projects eligible for funds under this chapter in
their jurisdiction. One-time allocations that have been expended for
parks or other projects, but which are not available on an ongoing
basis, may not be considered when calculating a recipient's annual
expenditures. For purposes of this subdivision, the Controller may
request fiscal data from recipients for the preceding three fiscal
years. Each recipient shall furnish the data to the Controller not
later than 120 days after receiving the request from the Controller.

5096.624. (a) The director shall prepare and adopt criteria and
procedures for evaluating applications for grants allocated pursuant
to subdivisions (a) to (c), inclusive, of Section 5096.620.
Individual applications for funds shall be submitted to the
department for approval as to their conformity with the requirements
of this chapter. The application shall be accompanied by
certification that the project for which the grant is requested is
consistent with the park and recreation element of the applicable
city or county general plan or the district park and recreation plan,
as the case may be, and will satisfy a high priority need.
(b) To utilize available grant funds as effectively as possible,
overlapping or adjoining jurisdictions and applicants with similar
objectives are encouraged to combine projects and submit a joint
application. An applicant may allocate all or a portion of its per
capita share for a regional or state project.
(c) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants pursuant to this article to the Director of Finance for
inclusion in the Budget Bill. A list of eligible jurisdictions and
the amount of grant funds to be allocated to each shall also be made
available by the department.
(d) Funds appropriated pursuant to this article shall be
encumbered by the recipient within three years from the date the
appropriation is effective. Regardless of the date of encumbrance of
the granted funds, the recipient is expected to complete all funded
projects within eight years of the effective date of the
appropriation.

5096.625. The funds provided in subdivision (d) of Section 5096.620
shall be available as grants for public agencies and nonprofit
organizations for the acquisition and development of new parks,
botanical gardens, nature centers, and other community facilities in
park poor communities. The funds may be expended pursuant to Section
5004.5, and Chapter 1.55 (commencing with Section 5095), if Senate
Bill 359 of the 2001-02 Regular Session of the Legislature is enacted
on or before January 1, 2003, and Chapter 3.3 (commencing with
Section 5640), if Assembly Bill 1481 of the 2001-02 Regular Session
of the Legislature is enacted on or before January 1, 2003, or
pursuant to any other applicable statutory authorization. Not less
than fifty million dollars ($50,000,000) of the funds provided in
subdivision (d) of Section 5096.620 shall be expended for competitive
grants consistent with the requirements of subdivision (b) of
Section 5096.348. Ten million dollars ($10,000,000) of the funds
provided in subdivision (d) of Section 5096.620 shall be available
for development of Central Park in the City of Rancho Cucamonga. Five
million dollars ($5,000,000) of the funds provided in subdivision
(d) of Section 5096.620 shall be available for allocation to the City
of Los Angeles for park and recreation or community facilities at or
adjacent to the Hansen Dam recreation area. Five million dollars
($5,000,000) of the funds provided in subdivision (d) of Section
5096.620 shall be available for allocation to the City of Los Angeles
for the Sepulveda Basin recreational parkland.

5096.629. In making grants of funds allocated pursuant to
subdivision (d) of Section 5096.620, priority shall be assigned to
projects that include a commitment for a matching contribution.
Contributions may be in the form of money from a nonstate source;
gifts of real property, equipment, and consumable supplies; volunteer
services; free or reduced-cost use.

5096.633. Any grant funds appropriated pursuant to this article
that have not been expended by the grant recipient prior to July 1,
2011, shall revert to the fund and be available for appropriation by
the Legislature for one or more of the local assistance programs
specified in Section 5096.620 that the Legislature determines to be
the highest priority statewide.