| 1 | | - | Assembly Bill No. 2939 CHAPTER 423 An act to add Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, relating to parks. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2939, Rendon. Parks: counties and cities: interpretive services.Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read: Article 8. Interpretive Services5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 3. The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities. |
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| 1 | + | Enrolled August 26, 2024 Passed IN Senate August 12, 2024 Passed IN Assembly August 22, 2024 Amended IN Senate June 05, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2939Introduced by Assembly Member RendonFebruary 15, 2024 An act to add Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, relating to parks. LEGISLATIVE COUNSEL'S DIGESTAB 2939, Rendon. Parks: counties and cities: interpretive services.Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read: Article 8. Interpretive Services5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 3. The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities. |
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| 3 | | - | Assembly Bill No. 2939 CHAPTER 423 An act to add Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, relating to parks. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2939, Rendon. Parks: counties and cities: interpretive services.Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Enrolled August 26, 2024 Passed IN Senate August 12, 2024 Passed IN Assembly August 22, 2024 Amended IN Senate June 05, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2939Introduced by Assembly Member RendonFebruary 15, 2024 An act to add Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, relating to parks. LEGISLATIVE COUNSEL'S DIGESTAB 2939, Rendon. Parks: counties and cities: interpretive services.Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 2939, Rendon. Parks: counties and cities: interpretive services. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program. |
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| 26 | 36 | | |
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| 27 | 37 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 28 | 38 | | |
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| 29 | 39 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 30 | 40 | | |
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| 31 | 41 | | The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. |
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| 32 | 42 | | |
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| 33 | 43 | | ## Digest Key |
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| 34 | 44 | | |
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| 35 | 45 | | ## Bill Text |
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| 36 | 46 | | |
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| 37 | 47 | | The people of the State of California do enact as follows:SECTION 1. Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read: Article 8. Interpretive Services5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 3. The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities. |
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| 38 | 48 | | |
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| 39 | 49 | | The people of the State of California do enact as follows: |
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| 40 | 50 | | |
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| 41 | 51 | | ## The people of the State of California do enact as follows: |
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| 42 | 52 | | |
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| 43 | 53 | | SECTION 1. Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read: Article 8. Interpretive Services5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a). |
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| 44 | 54 | | |
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| 45 | 55 | | SECTION 1. Article 8 (commencing with Section 5385) is added to Chapter 2 of Division 5 of the Public Resources Code, to read: |
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| 46 | 56 | | |
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| 47 | 57 | | ### SECTION 1. |
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| 48 | 58 | | |
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| 49 | 59 | | Article 8. Interpretive Services5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a). |
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| 50 | 60 | | |
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| 51 | 61 | | Article 8. Interpretive Services5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a). |
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| 52 | 62 | | |
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| 53 | 63 | | Article 8. Interpretive Services |
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| 54 | 64 | | |
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| 55 | 65 | | Article 8. Interpretive Services |
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| 56 | 66 | | |
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| 57 | 67 | | 5385. 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 with the mission of increasing equity in outdoor access.(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) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.(c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park.(d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems. |
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| 58 | 68 | | |
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| 59 | 69 | | |
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| 60 | 70 | | |
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| 61 | 71 | | 5385. For purposes of this article, the following definitions apply: |
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| 62 | 72 | | |
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| 63 | 73 | | (a) Eligible entity means any of the following: |
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| 64 | 74 | | |
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| 65 | 75 | | (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 with the mission of increasing equity in outdoor access. |
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| 66 | 76 | | |
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| 67 | 77 | | (2) A federally recognized Native American tribe. |
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| 68 | 78 | | |
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| 69 | 79 | | (3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. |
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| 70 | 80 | | |
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| 71 | 81 | | (b) Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity. |
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| 72 | 82 | | |
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| 73 | 83 | | (c) Local entity means a city, county, or city and county that owns, maintains, or operates a local park. |
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| 74 | 84 | | |
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| 75 | 85 | | (d) Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems. |
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| 76 | 86 | | |
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| 77 | 87 | | 5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.(b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:(1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).(2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).(3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a). |
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| 78 | 88 | | |
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| 79 | 89 | | |
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| 80 | 90 | | |
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| 81 | 91 | | 5386. (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public. |
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| 82 | 92 | | |
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| 83 | 93 | | (b) Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following: |
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| 84 | 94 | | |
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| 85 | 95 | | (1) The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a). |
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| 86 | 96 | | |
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| 87 | 97 | | (2) The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a). |
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| 88 | 98 | | |
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| 89 | 99 | | (3) The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a). |
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| 90 | 100 | | |
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| 91 | 101 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 92 | 102 | | |
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| 93 | 103 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 94 | 104 | | |
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| 95 | 105 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 96 | 106 | | |
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| 97 | 107 | | ### SEC. 2. |
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| 98 | 108 | | |
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| 99 | 109 | | SEC. 3. The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities. |
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| 100 | 110 | | |
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| 101 | 111 | | SEC. 3. The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities. |
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| 102 | 112 | | |
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| 103 | 113 | | SEC. 3. The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities. |
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| 104 | 114 | | |
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| 105 | 115 | | ### SEC. 3. |
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