SECTIONS 5720-5725 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5720-5725

5720. (a) The grant funds authorized for the program shall be
allocated to counties, cities, and districts on the basis of their
populations, as determined by the Department of Parks and Recreation
in cooperation with the Department of Finance on the basis of the
most recent verifiable census data and such other population data as
the Department of Parks and Recreation may require to be furnished by
any county, city, or district.
(b) Forty percent of the total funds available for grants shall be
allocated to counties and regional park, open-space, or park and
open-space districts formed pursuant to Chapter 3 (commencing with
Section 5500). Each county's allocation shall be in the same ratio as
the county's population is to the state's total population, except
that each county shall be entitled to a minimum allocation of one
hundred thousand dollars ($100,000). In any county that embraces all
or part of the territory of a regional park, open-space, or park and
open-space district whose board of directors is not the county board
of supervisors, the amount allocated to the county shall be
apportioned between the county and the regional district in
proportion to the population of the county that is included within
the territory of the regional district and the population of the
county that is outside the territory of the regional district.
(c) (1) Sixty percent of the total funds available for grants
shall be allocated to cities and districts, other than regional park,
open-space, or park and open-space districts. Each city's and each
such 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 in
unincorporated areas within districts, except that each city or
district shall be entitled to a minimum allocation of twenty thousand
dollars ($20,000). In any instance in which the boundary of a city
overlaps the boundary of a district, the population in the area of
overlapping jurisdictions shall be attributed to each jurisdiction in
proportion to the extent to which each operates and manages parks
and recreational areas and facilities for that population. In any
instance in which the boundary of a city overlaps the boundary of 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.
(2) Each city and other district whose boundaries overlap, shall
develop a specific plan for allocating the grant funds in accordance
with the formula specified in paragraph (1). If, by October 1, 1986,
the plan has not been agreed to by the affected jurisdictions and
submitted to the Department of Parks and Recreation, the Director of
Parks and Recreation shall determine the allocation of the grant
funds among the affected jurisdictions.

5721. (a) Individual applications for grants shall be submitted to
the department for approval as to conformity with the requirements of
this chapter. The application shall be accompanied by certification
from the planning agency of the applicant that the project for which
the grant is applied is consistent with the park and recreation
element of the applicable city or county's general plan or the
district's park and recreation plan and will satisfy a high priority
need. In order to utilize available grant funds as effectively as
possible, overlapping or adjoining jurisdictions are encouraged to
combine projects and submit a joint application.
(b) The minimum amount that the applicant may request for any
individual project is twenty thousand dollars ($20,000).
(c) Every application shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)).
(d) Grants that are wholly or partially for the acquisition of
real property shall be made on the basis of 75 percent state funds
and 25 percent local matching funds or property donated to be part of
the project. The grant recipient shall certify to the department
that there is available, or will become available prior to the
commencement of any work on the project, matching funds or property
in the required amount from a nonstate source. Certification of the
source and amount or value shall be set forth in the application.
(e) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants to the Director of Finance for inclusion in the Budget
Bill. The amount of grant funds to be allocated to each eligible
jurisdiction shall be published in the Governor's Budget for the
fiscal year in which the appropriation for those grants is to be made
and, as soon as possible thereafter, a list of projects for which
grants have been approved shall be made available by the department.
(f) Grant funds shall be encumbered by the recipient within three
years of the date the appropriation became effective, regardless of
the date when the project was approved by the department pursuant to
this section.

5722. Grant funds may be expended for development, rehabilitation,
or restoration only on lands owned by, or subject to a lease or other
long-term interest held by, the applicant. If the lands are not
owned by the applicant, the applicant shall first demonstrate to the
satisfaction of the director that the development, rehabilitation, or
restoration will provide benefits commensurate with the type and
duration of interest in land held by the applicant. No grant funds
may be expended for any purpose that is not directly related to the
operation and management of parks and recreational areas and
facilities.

5723. (a) No grant funds authorized by this chapter shall be
disbursed until the applicant agrees that any property acquired or
developed with those 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 funds shall be disbursed unless the applicant agrees to
maintain and operate the property to be acquired or developed for a
period commensurate with the type of project and the proportion of
state funds and local matching funds or property allocated to the
capital costs of the project.
(c) No funds shall be disbursed unless the applicant agrees to
make the property to be acquired or developed open to use by the
public by a date specified in the agreement. That date shall not be
more than three years after the date upon which the project was
approved by the department pursuant to Section 5721. The department
may grant a postponement of the specified date if the property is not
or will not be open to use by the public by the specified date due
to circumstances wholly beyond the control of the applicant. If the
property is not open to use by the public by the date specified in
the agreement, and any postponement thereof granted by the
department, the grant funds shall be restored in full to the
department and the applicant shall become ineligible to receive any
further funds that may become available pursuant to this chapter. Any
funds restored pursuant to this section shall be deposited in the
fund and shall be available for appropriation pursuant to subdivision
(b) of Section 5711.

5724. Any grant made pursuant to this chapter, and the performance
of the applicant in expending the grant, may be audited at any time
by the department.

5725. Of the total funds available for appropriation pursuant to
this chapter, an amount, not to exceed four hundred thousand dollars
($400,000), may be appropriated for state administrative costs
directly incurred in connection with this chapter.