Bill Text: CA SB620 | 2023-2024 | Regular Session | Amended


Bill Title: Low-impact camping areas.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-08-23 - August 23 set for first hearing canceled at the request of author. [SB620 Detail]

Download: California-2023-SB620-Amended.html

Amended  IN  Assembly  July 13, 2023
Amended  IN  Senate  April 20, 2023
Amended  IN  Senate  April 11, 2023
Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 620


Introduced by Senator McGuire
(Principal coauthor: Assembly Member Connolly)

February 15, 2023


An act to amend Section 18862.43 of, and to add Part 2.3.5 (commencing with Section 18890) to Division 13 of, the Health and Safety Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


SB 620, as amended, McGuire. Low-impact camping areas.
Existing law, the Special Occupancy Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks. Existing law defines “special occupancy park” to mean a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp.
This bill would specify that, for purposes of that act, a special occupancy park does not include a low-impact camping area. The bill would define a “low-impact camping area” to mean any area of private property that provides for the transient occupancy rental of a temporary sleeping accommodation, as defined, for recreational purposes that is not a commercial lodging facility and meets specified requirements. The bill would provide that its provisions do not authorize an individual to access private property without permission of the landowner. The bill would authorize require the county in which the low-impact camping area is located to enforce some of those specified requirements, relating to waste disposal and quiet hours. hours, as specified.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 18862.43 of the Health and Safety Code is amended to read:

18862.43.
 “Special occupancy park” means a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp. “Special occupancy park” does not include a low-impact camping area, as defined in Section 18890.

SEC. 2.

 Part 2.3.5 (commencing with Section 18890) is added to Division 13 of the Health and Safety Code, to read:

PART 2.3.5. LOW-IMPACT CAMPING

18890.
 (a) “Low-impact camping area” means any area of private property that provides for the transient occupancy rental of a temporary sleeping accommodation for recreational purposes that is not a commercial lodging facility and meets all of the following requirements:
(1) Provides for the transient occupancy rental of a temporary sleeping accommodation, not exceeding 14 consecutive nights per camper and not exceeding 28 nights per calendar year per camper.
(2) Includes no more than nine temporary sleeping accommodations.
(3) Does not include a temporary sleeping accommodation that is rented out for permanent human occupancy.
(4) Does not allow for onstreet parking.
(5) Complies with applicable state and local fire safety requirements.
(6) Complies with applicable state and local tax requirements, including, but not limited to, the payment of local transient occupancy taxes.
(7) Complies with applicable local requirements for disposal of human waste, or in the absence of applicable local requirements, maintains sanitation facilities that are fully self-contained or connected to a permitted sewage disposal system serving the property.
(8) Complies with applicable local requirements for disposal of trash, or in the absence of applicable local requirements, requires all solid waste to be removed from the premises after each occupancy and onsite trash receptacles to abide by applicable animal-protection trash best practices or requirements.
(9) Complies with applicable local requirements for quiet hours, or in the absence of applicable local requirements, enforces quiet hours from 10 p.m. to 6 a.m.
(10) Complies with applicable local requirements relating to low-impact campsites, low-incident camping, or incidental camping. camping, including, but not limited to, local zoning, permit, lot size, and setback requirements.
(11) Designates an operator or property manager who is available by phone 24 hours a day, seven days a week.

(12)Is not located within a single-family residential zone.

(13)

(12) Is not located on a site that meets both of the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated only by a street or highway shall be considered to be adjoined.

(14)

(13) Has not been used as a special occupancy park for the last five years unless both of the following are true:
(A) The area was a special occupancy park before January 1, 2024.
(B) The area met the requirements of this subdivision on January 1, 2023.
(b) For purposes of this section, the following definitions apply:
(1) “Commercial lodging facility” has the same meaning as the term “hotel” is defined in subdivision (a) of Section 1865 of the Civil Code.
(2) “Recreational vehicle” has the same meaning as that term is defined in Section 18010.
(3) “Temporary sleeping accommodation” includes, but is not limited to, a tent, yurt, or recreational vehicle.
(c) This section does not authorize an individual to access private property without the permission of the landowner.

18891.
 In the absence of applicable local requirements, the county in which the low-impact camping area is located may shall enforce the minimum requirements described in paragraphs (7) to (9), inclusive, of subdivision (a) of Section 18890.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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