Today's Law As Amended


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AB-2038 State parks: outdoor equity programs.(2023-2024)



As Amends the Law Today


SECTION 1.

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

Article  4.5. Outdoor Equity Programs
5056.
 For purposes of this article, the following terms apply:
(a) “Eligible entity” means any of the following:
(1) A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(2) A federally recognized Native American tribe.
(3) A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(4) A certified community conservation corps, as defined in Section 14507.5.
(b) “Outdoor equity programs” means noncommercial activities organized by an eligible entity that provide underserved park users with outdoor experiences at state parks and other public lands and waters of the state.
(c) “Underserved park users” means populations who face barriers in accessing and using park services, and includes, but is not limited to, populations underserved because of geographic location, socioeconomic status, religion, special needs, such as language barriers, disabilities, immigration status, age, sexual orientation, or gender identity, and any other population determined to be underserved by the director.
5056.5.
 (a) Use of a state park by an eligible entity to provide outdoor equity programs to no more than 30 participating park visitors at once shall be considered an allowable public use of a unit of the state park system, and shall be treated by the department or an entity managing a unit of the state park system in the same manner as general public use of the state park, provided that the department or an entity managing a unit of the state park system does not confer on the eligible entity any benefit not conferred on the general public. For planning purposes, the eligible entity shall notify the department or an entity managing a unit of the state park system at least 15 calendar days in advance of the planned activity and communicate any consequential changes to the planned activity or location before the start of the outdoor equity program.
(b) Nothing in this section shall prevent the department from requiring a special event permit and any applicable fees of an eligible entity that, as part of providing an outdoor equity program, plans to engage in activities that typically require a special event permit, including, but not limited to, the use of amplified music, a public address system, a band, or a disc jockey, or the sale of food or other items.
(c) Nothing in this section shall prevent the department from entering into a community access agreement with an eligible entity pursuant to Section 5009.5.