Public Resources Code

§ 1 This act shall be known as the Public Resources Code. (Enacted By Stats. 1939, Ch. 93.) § 2 The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Enacted by Stats. 1939, Ch. 93.) § 3 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof. (Enacted by Stats. 1939, Ch. 93.) § 4 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1939, Ch. 93.) § 5 Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1939, Ch. 93.) § 6 Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof. (Enacted by Stats. 1939, Ch. 93.) § 7 Whenever, by the provisions of this code, an administrative power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law. (Enacted by Stats. 1939, Ch. 93.) § 8 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing in the English language. (Enacted by Stats. 1939, Ch. 93.) § 9 Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made. (Enacted by Stats. 1939, Ch. 93.) § 10 “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1939, Ch. 93.) § 11 The present tense includes the past and future tenses; and the future the present. (Enacted by Stats. 1939, Ch. 93.) § 12 The masculine gender includes the feminine and neuter. (Enacted by Stats. 1939, Ch. 93.) § 12.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 92. (SB 1005) Effective January 1, 2017.) § 13 The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1939, Ch. 93.) § 14 “County” includes “city and county.” (Enacted by Stats. 1939, Ch. 93.) § 15 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1939, Ch. 93.) § 16 “Oath” includes affirmation. (Enacted by Stats. 1939, Ch. 93.) § 17 “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1939, Ch. 93.) § 18 If any provison of this code, or the application thereof to any person or circumstances, is held invalid the remainder of the code, and the application of its provisions to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1939, Ch. 93.) § 500 Division 1, Chapter 1, Article 1 As used in this chapter, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation. (Added by Stats. 1965, Ch. 1144.) § 501 Division 1, Chapter 1, Article 1 There is in the Resources Agency, the Department of Parks and Recreation. The department shall be conducted under the control of an executive officer known as the Director of Parks and Recreation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate. (Repealed and added by Stats. 1965, Ch. 1144.) § 503 Division 1, Chapter 1, Article 1 The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Beaches and Parks and Recreation. Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility or jurisdiction transferred to the Department of Parks and Recreation by this section, it shall be deemed to be a reference to, and to mean, the Department of Parks and Recreation or to the Director of Parks and Recreation, as the case may be. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 504 Division 1, Chapter 1, Article 1 The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1965, Ch. 1144.) § 505 Division 1, Chapter 1, Article 1 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department. (Repealed and added by Stats. 1965, Ch. 1144.) § 506 Division 1, Chapter 1, Article 1 The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary. (Repealed and added by Stats. 1965, Ch. 1144.) § 507 Division 1, Chapter 1, Article 1 There shall be one Deputy Director of Parks and Recreation who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and he shall be responsible to the director for the performance thereof. (Amended by Stats. 1967, Ch. 1179.) § 507.1 Division 1, Chapter 1, Article 1 For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate and conduct the work of the department properly. With the approval of the Governor, the director may create such divisions and subdivisions as may be necessary and change or abolish them from time to time. The Division of Beaches and Parks and the Division of Recreation are hereby abolished and whenever any reference in any code or statute is made to the Division of Beaches and Parks or the Division of Recreation pertaining to a duty, power, purpose, responsibility or jurisdiction of the Division of Beaches and Parks or the Division of Recreation it shall be deemed to be a reference to and to mean the Department of Parks and Recreation. (Added by Stats. 1967, Ch. 1179.) § 508 Division 1, Chapter 1, Article 1 The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Amended by Stats. 1967, Ch. 1179.) § 508.5 Division 1, Chapter 1, Article 1 Notwithstanding Section 14, or any other provision of law, the City and County of San Francisco shall be considered both a city and a county by the Department of Parks and Recreation for purposes of the allocation of funds pursuant to any provision of this code. (Added by Stats. 1990, Ch. 1286, Sec. 1.) § 509 Division 1, Chapter 1, Article 1 Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Repealed and added by Stats. 1965, Ch. 1144.) § 510 Division 1, Chapter 1, Article 1 The department may adopt, alter, change or amend any state master plan of shoreline development. (Repealed and added by Stats. 1965, Ch. 1144.) § 511 Division 1, Chapter 1, Article 1 The department, with the approval of the Department of General Services, may procure insurance on vessels owned or operated by the department against the usual hazards in addition to the special hazards occasioned by the existence of a state of war. (Repealed and added by Stats. 1965, Ch. 1144.) § 512 Division 1, Chapter 1, Article 1 For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate such information. Such publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications shall be paid into the State Treasury to the credit of the General Fund. (Amended by Stats. 1967, Ch. 1179.) § 513 Division 1, Chapter 1, Article 1 (a) The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public. (b) Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department. (c) A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services. (d) For purposes of this section, the following definitions apply: (1) “Cooperating association” means a corporation that meets all of the following criteria: (A) The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. (B) The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs. (C) The corporation has a cooperating association program contract with the department. (D) The corporation is in compliance with the department’s policies and guidelines regarding cooperating associations and has obtained the department’s approval for its educational and interpretive materials and services. (2) “Educational and interpretive materials” include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs. (3) “Educational and interpretive services” include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department. (4) “Educational and interpretive materials and services” do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas. (e) The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit. (f) Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve. (Amended by Stats. 2015, Ch. 573, Sec. 3. (SB 204) Effective January 1, 2016.) § 513.1 Division 1, Chapter 1, Article 1 The department may provide space and facilities for schools to use for environmental education purposes within units of the state park system. (Added by Stats. 1972, Ch. 939.) § 514 Division 1, Chapter 1, Article 1 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the department or the director shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by Stats. 1979, Ch. 1152.) § 520 Division 1, Chapter 1, Article 1.5 For purposes of this article, the following terms shall have the following meanings: (a) “Park support organization” means a nonprofit organization that meets all of the following requirements: (1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources. (3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 521 Division 1, Chapter 1, Article 1.5 (a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes: (1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate. (2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners. (3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences. (4) To promote the health and well-being of the state’s residents. (5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities. (6) To recruit more diverse staffing and improve capacity for state park programs. (7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources. (b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following: (1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system. (2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 522 Division 1, Chapter 1, Article 1.5 The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 522.5 Division 1, Chapter 1, Article 1.5 The park support organization is not a state agency or state body. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 523 Division 1, Chapter 1, Article 1.5 (a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department. (b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521. (2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521. (c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system. (d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 524 Division 1, Chapter 1, Article 1.5 (a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following: (1) Clear goals and objectives. (2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives. (3) The process for developing the priority list pursuant to Section 523. (b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property. (2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term. (3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects. (4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3. (d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c). (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 525 Division 1, Chapter 1, Article 1.5 Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds. (Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.) § 530 Division 1, Chapter 1, Article 2 (a) There is in the department the State Park and Recreation Commission. The members shall be selected as follows: (1) Nine members, as follows, shall be appointed by the Governor, subject to confirmation by the Senate. (A) Three members shall represent the public. (B) One member shall have demonstrated expertise in cultural or historic resources management. (C) One member shall have background as a parks professional with experience in local, regional, or national parks or may be a retired state parks employee from the department. (D) One member shall represent nonprofit or other organizations with statewide policy expertise with the state park system or in operating one or more state parks through operating agreements or other arrangements. (E) One member shall represent a statewide conservation organization with expertise in the administration or programs of the department. (F) One member shall have a background in the recreational industry. (G) One member shall represent a local business community that has significant and beneficial relationships with one or more state parks. (2) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one ex officio legislative member. (b) As appointments are made to the commission after the effective date of the act that amended this section during the 2011–12 Regular Session, the Governor shall ensure that appointments are made in conformance with this section. (c) If a reference is made to the State Park Commission or Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park Commission or the Recreation Commission, it shall be deemed to be a reference to and to mean the State Park and Recreation Commission. (d) The commission chair may appoint committees composed of commission members and the duties of the committees shall include, but not be limited to, those duties set forth in Sections 539 and 540. Findings and recommendations of the committees shall be presented to the commission for consideration and action. (Amended by Stats. 2012, Ch. 530, Sec. 2. (AB 1478) Effective September 25, 2012.) § 531 Division 1, Chapter 1, Article 2 The members of the commission shall be selected from areas distributed throughout the state and because of their interest in park, recreation, conservation, and boating and waterways matters and, except for initial members of the commission, shall serve for terms of four years or until their successors are appointed and qualified. (Amended by Stats. 2012, Ch. 136, Sec. 3. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.) § 533 Division 1, Chapter 1, Article 2 In case of any vacancy, the appointment shall be for the remainder of the unexpired term. All appointments of members made when the Legislature is not in session shall be subject to confirmation by the Senate at the next regular or special session of the Legislature. (Amended by Stats. 1967, Ch. 1179.) § 534 Division 1, Chapter 1, Article 2 The commission shall elect a chair from its number who shall serve as chair for one year and until a successor is elected. (Amended by Stats. 2010, Ch. 213, Sec. 2. (AB 2768) Effective January 1, 2011.) § 534.5 Division 1, Chapter 1, Article 2 The Director of the Department of Parks and Recreation shall act as secretary of the commission and shall appoint such assistants as are necessary to carry out this function. Such assistants shall be appointed from among the employees of the department. (Added by Stats. 1967, Ch. 1179.) § 535 Division 1, Chapter 1, Article 2 The commission shall report annually to the Governor, through the director, on existing and operating recreational facilities, programs and activities of the state park system, and on the needs of the state and the local subdivisions thereof for recreational facilities, programs, and activities, and shall make recommendations for programs and activities to meet future needs of the state for parks and recreation. (Repealed and added by Stats. 1967, Ch. 1179.) § 535.5 Division 1, Chapter 1, Article 2 (a) The commission shall evaluate and assess the department’s deferred maintenance obligations. After public notice and at a public hearing, following a presentation by the relevant district superintendent, it may consider the nature and extent, and establish the relative priority, of prospective deferred maintenance projects of the department. (b) The commission may provide advice to the Governor, the Legislature, and the department on policies, projects, and other matters pertaining to parks, recreation, and public access affecting the state park system. (c) The commission may conduct an annual workshop or series of workshops to review the department’s annual operating budget and proposed capital improvement projects. (d) The commission may make recommendations to improve visitor services and visitor satisfaction in parks, assess the progress and challenges with regard to the protection of natural, cultural, and historical resources within the state park system, and enhance revenue opportunities across the state park system. (e) The commission may assist in promoting the state park system and parks and recreational facilities and programs. (f) The sum of one hundred twenty thousands dollars ($120,000) annually in the 2012–13 and 2013–14 fiscal years is hereby appropriated from the State Parks and Recreation Fund to the State Park and Recreation Commission for the purpose of funding those activities authorized under this section. (Added by Stats. 2012, Ch. 530, Sec. 3. (AB 1478) Effective September 25, 2012.) § 536 Division 1, Chapter 1, Article 2 The members of the commission may receive a salary for their services in an amount of fifty dollars ($50) for each day, up to a maximum salary of one hundred dollars ($100) per month. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties. Notwithstanding any other provision of law, any member of the commission who is also a member of, and is entitled to receive the benefits from, the Legislators’ Retirement System may elect to forego the compensation provided by this section and, if the compensation is foregone, the member shall not have his or her retirement benefits reduced and shall not be required to be reinstated into the retirement system. (Amended by Stats. 1985, Ch. 942, Sec. 2.) § 538 Division 1, Chapter 1, Article 2 The commission may designate, delete, or modify state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas, as delineated in subdivision (b) of Section 36725. The commission may not designate, delete, or modify a state marine reserve, state marine park, or state marine conservation area without the concurrence of the Fish and Game Commission on any proposed restrictions upon, or change in, the use of living marine resources. (Amended by Stats. 2003, Ch. 610, Sec. 14. Effective January 1, 2004.) § 539 Division 1, Chapter 1, Article 2 The commission shall establish general policies for the guidance of the director in the administration, protection and development of the state park system. (Amended by Stats. 1967, Ch. 1179.) § 540 Division 1, Chapter 1, Article 2 (a) The commission shall cause to be studied and shall consider the whole problem of recreation of the people of the State of California as it affects and may affect the welfare of the people and especially the children and youth. (b) The commission shall formulate, in cooperation with other state agencies, interested organizations and citizens, and shall recommend to the director, for adoption by him, a comprehensive recreational policy for the State of California. (Added by Stats. 1967, Ch. 1179.) § 541 Division 1, Chapter 1, Article 2 In accordance with the general policies established by the commission, and as requested by the director, the Department of Parks and Recreation shall: (a) Assist the commission in the performance of its functions under Sections 539 and 540 of this code. (b) Investigate and report to the director and the commission upon the facilities and services which are needed or which exist in the public recreational areas within the state and by consultation with the authorities in charge, assist in the coordination and development of recreational programs; provided, that surveys of the recreational facilities and programs of local agencies shall be made only upon their request. (c) Advise and cooperate with and encourage community recreation agencies interested in the use of or the development of recreational facilities and programs for public benefit. (d) Advise the administrative officers of all state agencies, authorized by law to perform recreational services, of regular meetings of the commission and of such special meetings as may consider matters relating to their specific responsibilities, and invite such officers to attend and participate in deliberations of the commission without the authority to vote. (e) Make studies and surveys and long range plans of recreational facilities and programs necessary to meet recreation needs throughout the state, and participate with other federal, state, and local governmental agencies in advance planning with respect to the development and coordination of recreational facilities and programs. (Added by Stats. 1967, Ch. 1179.) § 541.5 Division 1, Chapter 1, Article 2 (a) The department shall not close, or propose to close, a state park in the 2012–13 or 2013–14 fiscal year. The commission and the department shall recommend all necessary steps to establish a sustainable funding strategy for the department to the Legislature on or before January 1, 2015. (b) There is hereby appropriated twenty million five hundred thousand dollars ($20,500,000) to the department from the State Parks and Recreation Fund, which shall be available for encumbrance until June 30, 2016, and for liquidation until June 30, 2018, to be expended as follows: (1) Ten million dollars ($10,000,000) shall be available to provide for matching funds pursuant to subdivision (c). (2) Ten million dollars ($10,000,000) shall be available for the department to direct funds to parks that remain at risk of closure or that will keep parks open during the 2012–13 to 2015–16 fiscal years, inclusive. Priority may be given to parks subject to a donor or operating agreement or other contractual arrangement with the department. (3) Up to five hundred thousand dollars ($500,000) shall be available for the department to pay for ongoing audits and investigations as directed by the Joint Legislative Audit Committee, the office of the Attorney General, the Department of Finance, or other state agency. (c) The department shall match on a dollar-for-dollar basis all financial contributions contributed by a donor pursuant to an agreement for the 2012–13 fiscal year for which the department received funds as of July 31, 2013, and for agreements entered into in the 2013–14 fiscal year. These matching funds shall be used exclusively in the park unit subject to those agreements. (d) The department shall notify the Joint Legislative Budget Committee in writing not less than 30 days before the expenditure of funds under this section of the funding that shall be expended, the manner of the expenditure, and the recipient of the expenditure. (e) The prohibition on the closure, or proposed closure, of a state park in the 2012–13 or 2013–14 fiscal year, pursuant to subdivision (a), does not limit or affect the department’s authority to enter into an operating agreement, pursuant to Section 5080.42, during the 2012–13 or 2013–14 fiscal year, for purposes of the operation of the entirety of a state park during the 2012–13 or 2013–14 fiscal year. (Amended by Stats. 2016, Ch. 86, Sec. 252. (SB 1171) Effective January 1, 2017.) § 541.6 Division 1, Chapter 1, Article 2 (a) There is hereby appropriated ten million dollars ($10,000,000) from the Safe Drinking Water, Water Quality and Water Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) to be expended as follows: (1) The amount appropriated in this item is available for expenditures for capital outlay and support for capital outlay projects of a state park. (2) No commitment of funds from this item shall be authorized prior to 30 days after the Department of Parks and Recreation notifies the Joint Legislative Budget Committee and the Department of Finance of the projects to be funded from this section. No funds shall be expended for capital outlay projects without prior approval of the State Public Works Board. (3) The amount appropriated in this section shall be available for expenditure until June 30, 2015. (Added by Stats. 2012, Ch. 530, Sec. 5. (AB 1478) Effective September 25, 2012.) § 542 Division 1, Chapter 1, Article 2 The department may encourage and render assistance in the promotion of training programs for volunteer and professional recreation leaders in cooperation with other agencies, organizations and institutions, and may encourage the establishment of standards for recreation personnel. (Added by Stats. 1967, Ch. 1179.) § 543 Division 1, Chapter 1, Article 2 The department may assist every department, commission, board, agency and officer of the state in rendering recreational services in conformity with their respective authorized powers and duties and encourage and assist in the coordination of federal, state and local recreational activities. (Added by Stats. 1967, Ch. 1179.) § 546 Division 1, Chapter 1, Article 2 The director may authorize any employee of the department to exercise any power granted to, or to perform any duty imposed upon, the director. (Amended by Stats. 1967, Ch. 1179.) § 560 Division 1, Chapter 1, Article 3 The department may participate or contract with the United States Army Corps of Engineers, the County of San Luis Obispo, or the City of Pismo Beach, or any or all of them, in repairing and improving the concrete seawall at Pismo State Beach adjacent to the Pacific Ocean in the City of Pismo Beach, including access ways, safety railing, utilities, repaving, and restroom. (Added by Stats. 1980, Ch. 1199, Sec. 1. Effective September 29, 1980.) § 561 Division 1, Chapter 1, Article 3 The department shall permit the United States, if it agrees to accomplish all or part of the work, to use the necessary real property, or any interest therein, for the work to be performed pursuant to this article. The department may hold and save the federal government free from damages for all time due to the construction, operation, and maintenance of the seawall, including access ways, safety railing, utilities, repaving, and restroom, and may provide directly or by agreement with the City of Pismo Beach items of local cooperation as may be required for federal participation in this project. Items of local cooperation provided by the department shall be subject to the approval of the Director of Finance. (Added by Stats. 1980, Ch. 1199, Sec. 1. Effective September 29, 1980.) § 562 Division 1, Chapter 1, Article 3 The department, with the approval of the Director of Finance and on terms satisfactory to the department, may advance moneys appropriated for purposes of this article to the United States Army Corps of Engineers, the County of San Luis Obispo, or the City of Pismo Beach, or any or all of them, for the repair, replacement, or improvement of the facilities described in Section 561. (Added by Stats. 1980, Ch. 1199, Sec. 1. Effective September 29, 1980.) § 563 Division 1, Chapter 1, Article 3 Notwithstanding Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code and Part 6 (commencing with Section 12570) of Division 6 of the Water Code, the department shall perform the duties imposed on it pursuant to this article. (Added by Stats. 1980, Ch. 1199, Sec. 1. Effective September 29, 1980.) § 600 Division 1, Chapter 2, Article 1 As used in this chapter, “department” means the Department of Conservation and “director” means the Director of Conservation. (Added by Stats. 1965, Ch. 1144.) § 601 Division 1, Chapter 2, Article 1 There is in the Resources Agency the Department of Conservation. The department shall be conducted under the control of an executive officer known as the Director of Conservation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate. (Added by Stats. 1965, Ch. 1144.) § 603 Division 1, Chapter 2, Article 1 The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Forestry; Mines and Geology; Oil and Gas; and Soil Conservation. Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility, or jurisdiction transferred to the Department of Conservation by this section, it shall be deemed to be a reference to, and to mean, the Department of Conservation or to the Director of Conservation, as the case may be. (Added by Stats. 1965, Ch. 1144.) § 603.1 Division 1, Chapter 2, Article 1 The director is hereby vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Geologist as Chief of the California Geological Survey of the department. The director may appoint an assistant or deputy director to exercise any powers and duties in the administration of the California Geological Survey that the director may delegate to that person. (Amended by Stats. 2006, Ch. 869, Sec. 8. Effective January 1, 2007.) § 604 Division 1, Chapter 2, Article 1 The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1965, Ch. 1144.) § 605 Division 1, Chapter 2, Article 1 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department. (Added by Stats. 1965, Ch. 1144.) § 606 Division 1, Chapter 2, Article 1 The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary. (Added by Stats. 1965, Ch. 1144.) § 607 Division 1, Chapter 2, Article 1 The work of the department shall be divided into at least the following: (a) California Geological Survey. (b) (1) Geologic Energy Management Division. (2) Any reference in any law or regulation to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation is deemed to, instead, refer to the Geologic Energy Management Division. (c) Division of Land Resource Protection. (d) Division of Mine Reclamation. (Amended by Stats. 2019, Ch. 771, Sec. 6. (AB 1057) Effective January 1, 2020.) § 608 Division 1, Chapter 2, Article 1 The director, with approval of the Director of Finance, may accept on behalf of the various divisions of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Added by Stats. 1965, Ch. 1144.) § 609 Division 1, Chapter 2, Article 1 Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Added by Stats. 1965, Ch. 1144.) § 610 Division 1, Chapter 2, Article 1 For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform acts and carry on functions, as in the opinion of the director, will best tend to disseminate the information. These publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications, exclusive of money received by any separate division of the department from the sale of publications, shall be paid into the State Treasury to the credit of the General Fund. (Amended by Stats. 1988, Ch. 259, Sec. 2.) § 611 Division 1, Chapter 2, Article 1 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the department, director, the State Geologist, the State Mining and Geology Board, or the California Geological Survey shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Amended by Stats. 2006, Ch. 869, Sec. 10. Effective January 1, 2007.) § 612 Division 1, Chapter 2, Article 1 The department shall prepare, update, and maintain Important Farmland Series maps as defined in subdivision (f) of Section 65560 of the Government Code and other soils and land capability information, and prepare and maintain an automated map and data base system to record and report changes in the use of agricultural lands. (Amended by Stats. 2017, Ch. 434, Sec. 9. (SB 732) Effective January 1, 2018.) § 612.5 Division 1, Chapter 2, Article 1 (a) The Legislature hereby finds and declares all of the following: (1) It is in the state’s public interest to have an accurate inventory of the state’s soil resources. (2) In California, the United States Soil Conservation Service has been responsible for undertaking soil surveys and soils information for many of California’s agricultural counties is outdated or unavailable. (3) Information on soils is needed for agricultural management, water and soil conservation activities, engineering and land use planning, and state and local policy decisions. Completion of the California Farmland Mapping and Monitoring Program is contingent upon availability of accurate, modern soil surveys. (4) State funding of soil surveys has been limited to soil vegetation surveys on wildlands and no state contributions have been made toward the completion of modern soil surveys in California on cropland. In recent years, every state with incomplete soil surveys on farmland, except California, has cost-shared with the United States Soil Conservation Service to complete those surveys. (5) Federal funding for the soil survey program of the United States Soil Conservation Service has been declining in real dollars in the past several years and is projected to be further reduced under the requirements of the Gramm-Rudman-Hollings Deficit Reduction Act. (6) Therefore, it is in California’s interest to authorize the department to assist the United States Soil Conservation Service with the completion of soil surveys. (b) The department shall provide financial assistance to the United States Soil Conservation Service to undertake or complete soil surveys in areas of this state where the surveys have not been completed, including, but not limited to, portions of the Counties of San Joaquin, Yuba, Colusa, Butte, Fresno, Kern, Tulare, Stanislaus, and Lassen. Financial assistance shall be applied to field work that includes onsite soils mapping, report writing, manuscript preparation, and final correlation of soils data. (c) In allocating funds for completion of soil surveys in the United States Soil Conservation Service soil survey areas in California, the department shall consider criteria that include, but are not limited to, all of the following: (1) Voids in important farmland maps. (2) Rate and type of land use changes. (3) Extent of erosion, alkalinity, and other soil resource problems. (4) Farm-gate value of agricultural production. (5) Specific soil-related problems. (6) Status of ongoing soil surveys. (7) Extent of cropland in each county. (8) Availability of local funding or other support. (Amended by Stats. 2004, Ch. 193, Sec. 159. Effective January 1, 2005.) § 613 Division 1, Chapter 2, Article 1 The department, through the California Resources Information System and as budgetary resources permit, may provide informational assistance to local agencies in the development of geobased natural resource information systems. In addition, the department may assist local agencies in securing geobased natural resource information from state agencies. Local agencies requesting assistance shall reimburse the department for identifiable costs incurred by the department pursuant to this section. (Added by Stats. 1982, Ch. 221, Sec. 1.) § 614 Division 1, Chapter 2, Article 1 The department may do any of the following: (a) Advise a city, county, city and county, special district, including a resource conservation district, state agency, federal agency, tribal agency, and the general public on issues of conservation importance, including, but not limited to, planning activities and documents. (b) Review and provide comments to documents prepared in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (c) Administer local assistance programs, including grants and contracts. (d) Serve as a state-level liaison with resource conservation districts. (e) Provide assistance to resource conservation districts, including, but not limited to, equipment, technology, training, education, technical assistance, financial assistance, assistance to support or improve the district’s organization or capacity, and any other goods or services. (f) Cooperate with and promote coordination of the activities of any federal, state, local, or tribal agency, including cities, counties, special districts, including resource conservation districts, and California Native American tribes on issues of conservation importance. (Repealed and added by Stats. 2022, Ch. 585, Sec. 2. (AB 1902) Effective January 1, 2023.) § 615 Division 1, Chapter 2, Article 1 Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (Amended by Stats. 2019, Ch. 469, Sec. 5. (SB 785) Effective January 1, 2020.) § 617 Division 1, Chapter 2, Article 1 Upon an appropriation by the Legislature, or as other funds become available and are appropriated for these purposes, the department may provide grants and other forms of local assistance to resource conservation districts. (Added by Stats. 2022, Ch. 585, Sec. 3. (AB 1902) Effective January 1, 2023.) § 660 Division 1, Chapter 2, Article 2 There is in the department a State Mining and Geology Board consisting of nine members appointed by the Governor, subject to confirmation by the Senate. (Amended by Stats. 1988, Ch. 257, Sec. 1.) § 661 Division 1, Chapter 2, Article 2 As used in this article, “board” means the State Mining and Geology Board and “division” means the California Geological Survey of the department. (Amended by Stats. 2006, Ch. 869, Sec. 11. Effective January 1, 2007.) § 662 Division 1, Chapter 2, Article 2 (a) One member of the board shall be a professional geologist with background and experience in mining geology; one member shall be a mining engineer with background and experience in mining minerals in California; one member shall have background and experience in groundwater hydrology, water quality, and rock chemistry; one member shall be a representative of local government with background and experience in urban planning; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be a professional geologist, registered geophysicist, registered civil engineer, or registered structural engineer with background and experience in seismology; one member shall be a landscape architect with background and experience in soil conservation or revegetation of disturbed soils; one member shall have background and experience in mineral resource conservation, development, and utilization; and one member shall not be required to have specialized experience. (b) All members of the board shall represent the general public interest, but not more than one-third of the members at any one time may be currently employed by, or receive more than 25 percent of their annual income, not to exceed $25,000 a year per member, from an entity that owns or operates a mine in California. The representative of local government shall not be considered an employee of an entity that owns or operates a mine if the lead agency employing the representative owns or operates a mine. For purposes of this section, retirement or other benefits paid by a mining entity to an individual who is no longer employed by that entity are not considered to be compensation, if those benefits were earned prior to the date the individual terminated his or her employment with the entity. (c) If a member of the board determines that he or she has a conflict of interest on a particular matter before the board pursuant to subdivision (b) or Section 663, he or she shall provide the clerk of the board with a brief written explanation of the basis for the conflict of interest, which shall become a part of the public record of the board. The written explanation shall be delivered prior to the time the matter to which it pertains is voted on by the board. This disclosure requirement is in addition to any other conflict-of-interest disclosure requirement imposed by law. (Amended by Stats. 2004, Ch. 865, Sec. 37. Effective January 1, 2005.) § 663 Division 1, Chapter 2, Article 2 (a) No member of the board shall participate in any action of the board or attempt to influence any decision of the board that involves himself or herself, or any person with whom he or she is connected, as a director, officer, paid consultant, or full-time or part-time employee, or in which he or she has a financial interest within the meaning of Section 87103 of the Government Code. (b) No board member shall participate in any proceeding before any state or local agency as a consultant or in any other capacity on behalf of any person who engages in surface mining operations. (c) Upon request of any person, or on his or her own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section, alleging the facts upon which the allegation is based, and asking that the member be removed from office. Further proceedings shall be in accordance as nearly as practicable with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall order the member removed from office. (Amended by Stats. 1993, Ch. 278, Sec. 2. Effective August 2, 1993.) § 663.1 Division 1, Chapter 2, Article 2 (a) For the purposes of this section, “ex parte communication” means any oral or written communication between a member of the board and an interested person about a matter within the board’s jurisdiction that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. (b) For purposes of this section, “a matter within the board’s jurisdiction” means any action on a reclamation plan or financial assurance appealed pursuant to subdivision (e) of Section 2770, any review of an order setting administrative penalties pursuant to Section 2774.2, or any review of an appeal pursuant to Section 2775. (c) A board member or any person, other than a staff member of the board, department, or any other state agency, who is acting in his or her official capacity and who intends to influence the decision of the board on a matter within the board’s jurisdiction, shall not conduct an ex parte communication, unless the board member or the person who engages in the communication with the board member discloses that communication in one of the following ways: (1) The board membe