California 2023 2023-2024 Regular Session

California Assembly Bill AB2038 Amended / Bill

Filed 03/04/2024

                    Amended IN  Assembly  March 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2038Introduced by Assembly Member Quirk-SilvaFebruary 01, 2024An act to amend Section 5090.76 add Article 4.5 (commencing with Section 5056) to Chapter 1 of Division 5 of the Public Resources Code, relating to parks. LEGISLATIVE COUNSEL'S DIGESTAB 2038, as amended, Quirk-Silva. Parks: Outdoor Equity Grants Program. State parks: outdoor equity programs.Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the Department of Parks and Recreation to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users, as provided.This bill would provide that use of a state park by an eligible entity, as defined, to provide outdoor equity programs, as defined, shall be considered an allowable public use of a unit of the state park system, and would require the department or an entity managing a unit of the state park system to treat this use in the same manner as general public use of the state park, as provided.Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the director to accept private funds to support the grant program and requires private funds donated for the grant program and funds appropriated by the Legislature for purposes of the grant program to be deposited into the California Outdoor Equity Account. Existing law requires that there be adequate donations or funds deposited in the account before the Department of Parks and Recreation commences program development activities for the grant program. Existing law prohibits the department from allocating general fund moneys appropriated by the Legislature to the department in the annual Budget Act for purposes of the grant program, except as authorized by the Legislature.This bill would make nonsubstantive changes to the provisions related to the prohibition and the commencement of program development activities.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 4.5 (commencing with Section 5056) is added to Chapter 1 of Division 5 of the Public Resources Code, to read: Article 4.5. Outdoor Equity Programs5056. For purposes of this article, the following definitions apply:(a) Eligible entity means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.(2) A federally recognized Native American tribe.(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.SECTION 1.Section 5090.76 of the Public Resources Code is amended to read:5090.76.(a)Except as authorized by the Legislature, the department shall not allocate for the purposes of the grant program general fund moneys appropriated by the Legislature to the department in the annual Budget Act.(b)The director may accept private donations made for the support of the grant program. The director may solicit and accept private funding to help offset the costs of the grant program.(c)All moneys received pursuant to this section or appropriated by the Legislature for the purpose of the grant program shall be deposited in the California Outdoor Equity Account, which is hereby created within the State Parks and Recreation Fund.(d)Before commencing program development activities for the grant program, adequate donations or funds shall be deposited into the California Outdoor Equity Account. This amount shall be sufficient to administer the grant program and provide grant awards.

 Amended IN  Assembly  March 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2038Introduced by Assembly Member Quirk-SilvaFebruary 01, 2024An act to amend Section 5090.76 add Article 4.5 (commencing with Section 5056) to Chapter 1 of Division 5 of the Public Resources Code, relating to parks. LEGISLATIVE COUNSEL'S DIGESTAB 2038, as amended, Quirk-Silva. Parks: Outdoor Equity Grants Program. State parks: outdoor equity programs.Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the Department of Parks and Recreation to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users, as provided.This bill would provide that use of a state park by an eligible entity, as defined, to provide outdoor equity programs, as defined, shall be considered an allowable public use of a unit of the state park system, and would require the department or an entity managing a unit of the state park system to treat this use in the same manner as general public use of the state park, as provided.Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the director to accept private funds to support the grant program and requires private funds donated for the grant program and funds appropriated by the Legislature for purposes of the grant program to be deposited into the California Outdoor Equity Account. Existing law requires that there be adequate donations or funds deposited in the account before the Department of Parks and Recreation commences program development activities for the grant program. Existing law prohibits the department from allocating general fund moneys appropriated by the Legislature to the department in the annual Budget Act for purposes of the grant program, except as authorized by the Legislature.This bill would make nonsubstantive changes to the provisions related to the prohibition and the commencement of program development activities.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 04, 2024

Amended IN  Assembly  March 04, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2038

Introduced by Assembly Member Quirk-SilvaFebruary 01, 2024

Introduced by Assembly Member Quirk-Silva
February 01, 2024

An act to amend Section 5090.76 add Article 4.5 (commencing with Section 5056) to Chapter 1 of Division 5 of the Public Resources Code, relating to parks. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2038, as amended, Quirk-Silva. Parks: Outdoor Equity Grants Program. State parks: outdoor equity programs.

Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the Department of Parks and Recreation to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users, as provided.This bill would provide that use of a state park by an eligible entity, as defined, to provide outdoor equity programs, as defined, shall be considered an allowable public use of a unit of the state park system, and would require the department or an entity managing a unit of the state park system to treat this use in the same manner as general public use of the state park, as provided.Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the director to accept private funds to support the grant program and requires private funds donated for the grant program and funds appropriated by the Legislature for purposes of the grant program to be deposited into the California Outdoor Equity Account. Existing law requires that there be adequate donations or funds deposited in the account before the Department of Parks and Recreation commences program development activities for the grant program. Existing law prohibits the department from allocating general fund moneys appropriated by the Legislature to the department in the annual Budget Act for purposes of the grant program, except as authorized by the Legislature.This bill would make nonsubstantive changes to the provisions related to the prohibition and the commencement of program development activities.

Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the Department of Parks and Recreation to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users, as provided.

This bill would provide that use of a state park by an eligible entity, as defined, to provide outdoor equity programs, as defined, shall be considered an allowable public use of a unit of the state park system, and would require the department or an entity managing a unit of the state park system to treat this use in the same manner as general public use of the state park, as provided.

Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the director to accept private funds to support the grant program and requires private funds donated for the grant program and funds appropriated by the Legislature for purposes of the grant program to be deposited into the California Outdoor Equity Account. Existing law requires that there be adequate donations or funds deposited in the account before the Department of Parks and Recreation commences program development activities for the grant program. Existing law prohibits the department from allocating general fund moneys appropriated by the Legislature to the department in the annual Budget Act for purposes of the grant program, except as authorized by the Legislature.



This bill would make nonsubstantive changes to the provisions related to the prohibition and the commencement of program development activities.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Article 4.5 (commencing with Section 5056) is added to Chapter 1 of Division 5 of the Public Resources Code, to read: Article 4.5. Outdoor Equity Programs5056. For purposes of this article, the following definitions apply:(a) Eligible entity means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.(2) A federally recognized Native American tribe.(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.SECTION 1.Section 5090.76 of the Public Resources Code is amended to read:5090.76.(a)Except as authorized by the Legislature, the department shall not allocate for the purposes of the grant program general fund moneys appropriated by the Legislature to the department in the annual Budget Act.(b)The director may accept private donations made for the support of the grant program. The director may solicit and accept private funding to help offset the costs of the grant program.(c)All moneys received pursuant to this section or appropriated by the Legislature for the purpose of the grant program shall be deposited in the California Outdoor Equity Account, which is hereby created within the State Parks and Recreation Fund.(d)Before commencing program development activities for the grant program, adequate donations or funds shall be deposited into the California Outdoor Equity Account. This amount shall be sufficient to administer the grant program and provide grant awards.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Article 4.5 (commencing with Section 5056) is added to Chapter 1 of Division 5 of the Public Resources Code, to read: Article 4.5. Outdoor Equity Programs5056. For purposes of this article, the following definitions apply:(a) Eligible entity means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.(2) A federally recognized Native American tribe.(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.

SECTION 1. Article 4.5 (commencing with Section 5056) is added to Chapter 1 of Division 5 of the Public Resources Code, to read:

### SECTION 1.

 Article 4.5. Outdoor Equity Programs5056. For purposes of this article, the following definitions apply:(a) Eligible entity means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.(2) A federally recognized Native American tribe.(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.

 Article 4.5. Outdoor Equity Programs5056. For purposes of this article, the following definitions apply:(a) Eligible entity means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.(2) A federally recognized Native American tribe.(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.

 Article 4.5. Outdoor Equity Programs

 Article 4.5. Outdoor Equity Programs

5056. For purposes of this article, the following definitions apply:(a) Eligible entity means any of the following: (1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.(2) A federally recognized Native American tribe.(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.



5056. For purposes of this article, the following definitions apply:

(a) Eligible entity means any of the following: 

(1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.

(2) A federally recognized Native American tribe.

(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.

(b) Outdoor equity programs means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.

(c) Underserved park users means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, or age, sexual orientation, gender identity, and any other population determined to be underserved by the director.

5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.



5056.5. (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public, except as described in subdivision (b).

(b) Nothing in this section shall prevent the department from providing additional benefits to an eligible entity pursuant to Section 5009.5 relating to community access agreements.





(a)Except as authorized by the Legislature, the department shall not allocate for the purposes of the grant program general fund moneys appropriated by the Legislature to the department in the annual Budget Act.



(b)The director may accept private donations made for the support of the grant program. The director may solicit and accept private funding to help offset the costs of the grant program.



(c)All moneys received pursuant to this section or appropriated by the Legislature for the purpose of the grant program shall be deposited in the California Outdoor Equity Account, which is hereby created within the State Parks and Recreation Fund.



(d)Before commencing program development activities for the grant program, adequate donations or funds shall be deposited into the California Outdoor Equity Account. This amount shall be sufficient to administer the grant program and provide grant awards.