Bill Text: CA AB549 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State park system.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 559, Statutes of 2015. [AB549 Detail]

Download: California-2015-AB549-Amended.html

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BILL NUMBER: AB 549	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 23, 2015

   An act to amend  Section 5010.7 of   Sections
5003.4, 5005, 5009.1, 5010.7, 5080.18, and 5080.20 of, and to add
Section 5010.3 to,  the Public Resources Code, relating to state
parks.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 549, as amended, Levine. State park  system: revenue
generation program: reports.   system.  
   Existing law authorizes the Department of Parks and Recreation to
install or permit the installation of camping cabins within the units
of the state park system if installation of camping cabins is
consistent with the general plan of the unit.  
   This bill would authorize the department to acquire, install or
permit the installation of, and operate or permit the operation of,
camping cabins, parking facilities for recreational vehicles, and any
associated access and public safety facilities, within the units of
the state park system, if the installation and operation is
consistent with the classification of the park system unit, and with
the general plan of the unit, if one exists. The bill would authorize
the department to enter into an agreement with a qualified nonprofit
organization for those purposes.  
   Existing law authorizes the department to receive and accept in
the name of the people of the state any gift, dedication, devise,
grant, or other conveyance of title to or any interest in real
property to be added or used in connection with the state park system
and to receive and accept gifts, donations, contributions, or
bequests of money and personal property to be used for state park
purposes, subject to the approval of the Director of Finance, except
as provided.  
   This bill would authorize the department to accept conditional
gifts or bequests of money valued at $100,000 or less without
approval from the Director of Finance, but would require the
department to annually report those gifts or bequests to the Director
of Finance.  
   Existing law authorizes the department to enter into an agreement
to receive money from any entity for the maintenance or operation, on
a nonprofit basis, of a designated state park unit or facility.
Existing law requires the money received to be used to supplement
existing resources for enhancing the maintenance and operation of the
unit or facility, with priority given to preventing closure or
reduced hours of service to the public.  
   This bill would authorize the department to enter into an
agreement to receive money from any entity for the maintenance,
operation, restoration, repair, or enhancement of a designated state
park system unit or facility, would remove the priority given to
preventing closure or reduced hours of service to the public, and
would also authorize the department to provide free of charge access
and use of park facilities to an entity that enters into this
agreement.  
   The Department of Parks and Recreation has control of the state
park system. Existing 
    Existing  law requires the department to develop a
revenue generation program as an essential component of a long-term
sustainable park funding strategy. Existing law establishes the State
Park Revenue Incentive Subaccount in the State Parks and Recreation
Fund with money available to the department for activities, programs,
and projects, as provided, relating to the revenue generation
program. Existing law requires the money to be spent in a specified
way, including 50% of the total amount of revenues deposited into the
subaccount generated by a park district to that district, as
provided. Existing law requires the department to report to the
Legislature annually on or before July 1 on the revenue distributed
to each park district.
   This bill would instead require the department to report to the
Legislature annually on or before December 31. 
   Existing law authorizes the department to collect fees, rents, and
other returns for the use of any state park system area, the amounts
of which are to be determined by the department.  
   This bill would require the department to develop a statewide fee
policy for assessment of fees, as specified, to report to the
Legislature on the statewide fee policy on or before December 31,
2016, to make its annual fee schedule publicly available on its
Internet Web site, and to immediately update the fee schedule on its
Internet Web site to reflect fee-rate changes.  
   Existing law authorizes the department to enter into competitively
bid contracts with natural persons, corporations, partnerships, and
associations for the construction, maintenance, and operation of
concessions within units of the state park system.  
   This bill would require all renewals of those concession contracts
to be subject to competitive bidding requirements.  
   Existing law requires every concessionaire to submit to the
department its sales and use tax returns.  
   This bill would also require every concessionaire to, at the
request of the department, provide an annual financial statement
prepared or audited by a certified public accountant.  
   Existing law requires a concession contract entered into pursuant
to specified provisions that is expected to involve a total
investment or gross sales in excess of $500,000 to comply with
certain other contract requirements.  
   This bill would impose those requirements on a concession contract
that is expected to involve a total investment or gross sales in
excess of $1,000,000. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.   (a)    It is the intent of the
Legislature to enact changes in law necessary to facilitate and
expedite implementation of reforms recommended by the Parks Forward
Commission to ensure a vibrant and sustainable park system for all
Californians and for present and future generations. The changes to
be enacted include, but are not necessarily limited to, those that
will facilitate all of the following: 
   (a) 
    (1)  The organizational, administrative, and
technological changes needed at the Department of Parks and
Recreation to modernize the department's processes, ensure efficiency
and accountability throughout the department, diversify the
department's workforce, and better serve the needs of park visitors.

   (b) 
    (2)  New public-private partnerships to provide improved
stewardship of state parks and the natural and cultural resources
they contain and to enhance programs and services for park visitors.

   (c) 
    (3)  Enhanced park access for all Californians, and
engagement of younger generations through increased opportunities for
environmental and outdoor education in parks and for youth
leadership development. 
   (d) 
    (4)  Establishment of a stable and diversified funding
structure, including a more entrepreneurial and robust revenue
generation strategy. 
   (b) (1) In its 2015 report, the California's Parks Forward
Commission recommended expanding the availability of safe, clean, and
affordable cabins and similar overnight accommodations in state and
local parks as an important means of providing equitable park access
and building public support for parks statewide.  
   (2) Although coastal parks are among California's most loved and
visited parks, access to affordable cabins and other lower-cost
overnight accommodations in coastal parks is limited because of high
demand and limited supply.  
   (3) It is the intent of the Legislature that the California
Coastal Commission and the State Coastal Conservancy, in consultation
with the Department of Parks and Recreation and other appropriate
entities, develop a proposal describing how unexpended fee revenue,
assessed to mitigate the loss of affordable overnight accommodations,
in combination with other sources of funding, including any public
or philanthropic funds that may become available, may be used to fund
the identification, development, and implementation of opportunities
to expand availability of affordable cabins and other similar
overnight accommodations, and associated public access and safety
facilities in coastal parks, including, but not necessarily limited
to, state, local, and regional parks. 
   SEC. 2.    Section 5003.4 of the   Public
Resources Code   is amended to read: 
   5003.4.   (a)    There shall be provided in each
state park in which camping is permitted those parking facilities
for recreational vehicles, as defined by Section 18010 of the Health
and Safety Code, that can be accommodated within the park consistent
with the objective of providing camping facilities for the public in
these parks. In addition, the Department of Parks and Recreation may
 install   acquire, install  or permit the
installation  of   of, and operate or permit the
operation of,  camping cabins, as defined by Section 18862.5 of
the Health and Safety Code,  parking facilities for recreational
vehicles, and any associated access and public safety facilities,
 within the units of the state park  system if 
 system, if the  installation  of camping cabins is
consistent with   and operation is consistent with the
classification of the park system unit and with  the general
plan of the  unit.   unit, if one exists. 

   (b) The department may enter into agreements with qualified
nonprofit organizations, as defined in subdivision (g) Section
5080.42, for acquisition, installation, and operation of camping
cabins or parking facilities for recreational vehicles, and any
associated access and public safety facilities, as described in
subdivision (a), within units of the state park system. The
agreements shall be subject to the requirements of Section 5080.42.

   SEC. 3.    Section 5005 of the   Public
Resources Code   is amended to read: 
   5005.  (a) The department may receive and accept in the name of
the people of the state any gift, dedication, devise, grant, or other
conveyance of title to or any interest in real property, including
water rights, roads, trails,  and  rights-of-way,
 buildings, facilities, and other improvements,  to be added
to or used in connection with the park system. It may receive and
accept gifts, donations, contributions, or bequests of money to be
used in acquiring title to or any interest in real property, or in
improving it as a part of or in connection with the State Park
System, or to be used for any of the purposes for which the
department is created. It may also receive and accept personal
property for any purpose connected with the park system.
   (b) Subdivision (a) is subject to the requirements and exceptions
set forth in Section 11005 of the Government  Code. 
 Code, except that the department may accept conditional gifts
or bequests of money valued at one hundred thousand dollars
($100,000) or less without approval from the Director of Finance.
 
   (c) The department shall annually report to the Director of
Finance all conditional gifts or bequests of money valued at one
hundred thousand dollars ($100,000) or less that it accepts or
receives pursuant to subdivision (b). 
   SEC. 4.    Section 5009.1 of the   Public
Resources Code   is amended to read: 
   5009.1.  (a) The department may enter into an agreement to accept
funds from any person, corporation or other business entity, or
organization for the  maintenance or  
maintenance,  operation,  on a nonprofit basis,
  restoration, repair, or enhancement  of a
designated state park system unit or facility. Any funds so received
shall be deposited in a separate account in the State Park Contingent
Fund. The funds received shall supplement existing resources for the
 purpose of enhancing the maintenance or operation 
 maintenance, operation, restoration, repair, or enhancement
 of the unit or  facility, with priority given to
preventing closure or reduced hours of service to the public.
  facility.  The department and the sponsoring
person, entity, or organization shall specify in the agreement the
level of service  which   that  is to be
performed.
   (b) The department may enter into an agreement to accept services
from any person, corporation or other business entity, or
organization for the cleanup, repair, or enhancement of any
designated state park system unit or facility. Under the direction of
the department, these services shall supplement existing staff
resources for the purpose of enhancing the maintenance and operation
of the unit or facility.
   (c) The director may authorize the erection of an appropriate sign
in recognition of the sponsorship, consistent with existing law and
with the rules and regulations of the department regarding signs in
units of the state park system. 
   (d) The department may provide free of charge access to, and use
of, park facilities to entities that have entered into agreements as
described in this section. 
   SEC. 5.    Section 5010.3 is added to the  
Public Resources Code   , to read:  
   5010.3.  (a) The department shall develop a statewide policy for
assessment of fees pursuant to Section 5010 that balances the state's
goal of sustainable revenue generation to support state parks, with
the state's goal of preserving affordable public access to public
lands, including, but not limited to, lands in the coastal zone. The
fee policy shall, at a minimum, do all of the following:
   (1) To the extent feasible, ensure that fees do not serve as a
deterrent to equitable public access and are comparable to fees
charged for other similar services.
   (2) Reflect the appropriate role of user fees as part of an
overall, equitable, and sustainable revenue generation strategy that
includes a proper balance of public funding and earned revenue to
support state parks.
   (3) Be based on uniform principles that reflect the different
levels of services provided at different parks, the department's
goals for service-based budgeting, and the best practices for pricing
that align policy goals with visitor expectations. To the extent
feasible, fees should be commensurate with the benefits and services
provided to visitors.
   (4) Describe the process for setting and approving all fee-rate
changes.
   (5) Provide for public accountability and transparency, and
advance public notice for proposed changes to fee schedules.
   (b) The department may consult with the National Park Service for
guidance in developing a statewide fee policy.
   (c) The department shall conduct public workshops on development
of the statewide fee policy and may seek assistance with scheduling
and conducting of the workshops from the State Park and Recreation
Commission.
   (d) (1) The department shall report to the Legislature on the
statewide fee policy on or before December 31, 2016.
   (2) The report required pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
   (3) This subdivision shall be inoperative on December 31, 2020,
pursuant to Section 10231.5 of the Government Code.
   (e) The department shall make its fee schedule publicly available
on the department's Internet Web site and immediately update the fee
schedule to reflect any fee-rate changes.
   (f) It is the intent of the Legislature that the department, in
addition to developing a statewide fee policy, provide convenient and
cost effective options for fee payment and collection by expanding
and integrating fee collection methodologies across the state park
system and offering modern fee collection and payment options that
include, but are not necessarily limited to, cash, credit card, and
smart phone technology, if appropriate.
   (g) The department may also implement additional options,
including hourly fees, regional passes, and promotional free-day
annual events, and explore opportunities for collaborative fee
arrangements and passes with other federal, state, and local park
agencies, if appropriate. 
   SEC. 2.   SEC. 6.   Section 5010.7 of
the Public Resources Code is amended to read:
   5010.7.  (a) The department shall develop a revenue generation
program as an essential component of a long-term sustainable park
funding strategy. On or before July 1, 2014, and annually thereafter,
the department shall assign a revenue generation target to each
district under the control of the department. The department shall
develop guidelines for districts to report the use of funds generated
by the revenue generation program, and shall post information and
copies of the reports on its Internet Web site.
   (b) The California State Park Enterprise Fund is hereby created in
the State Treasury as a working capital fund, and the revenue shall
be available to the department upon appropriation by the Legislature
for capital outlay or support expenditures for revenue generating
investments in state parks. These investments may include, but are
not limited to, planning and implementation of a statewide electronic
fee collection system that includes installation of modern fee
collection equipment and technologies to enhance collection of state
park users fees and that will enable park users to pay fees with
commonly used forms of electronic fund transfers, including, but not
limited to, credit and debit card transactions, and other park
revenue generating projects, and shall be available for encumbrance
and expenditure until June 30, 2019, and for liquidation until June
30, 2021.
   (1) The department shall prepare guidelines for districts to apply
for funds for capital projects that are consistent with this
subdivision.
   (2) The guidelines prepared pursuant to this subdivision shall
require all of the following:
   (A) A clear description of the proposed use of funds.
   (B) A timeframe of implementation of the capital project.
   (C) A projection of revenue, including annual income, fees, and
projected usage rates.
   (D) A projection of costs, including design, planning,
construction, operation, staff, maintenance, marketing, and
information technology.
   (E) A market analysis demonstrating demand for the project.
   (F) A projected rate of return on the investment.
   (c) The revenue generated by the revenue generation program
developed pursuant to subdivision (a) shall be deposited into the
State Parks and Recreation Fund. Revenue identified as being in
excess of the revenue targets shall be transferred to the State Parks
Revenue Incentive Subaccount, established pursuant to Section
5010.6, on or before June 1, annually.
   (d) Moneys transferred to the State Parks Revenue Incentive
Subaccount pursuant to subdivision (c) shall be expended as follows:
   (1) (A) The department shall allocate 50 percent of the total
amount of revenues deposited into the State Parks Revenue Incentive
Subaccount pursuant to subdivision (c), generated by a park district
to that district if the amount of revenues generated exceeds the
targeted revenue amount prescribed in the revenue generation program.
The revenues to be allocated to a park district that fails to
achieve the revenue target shall remain in the subaccount.
   (B) With the approval of the director, each district shall use the
funds it receives pursuant to this section to improve the parks in
that district through revenue generation programs and projects and
other activities that will assist in the district's revenue
generation activities, and the programs, projects, and other
activities shall be consistent with the mission and purpose of each
unit and with the plan developed for the unit pursuant to subdivision
(a) of Section 5002.2.
   (C) The department shall report to the Legislature, commencing on
July 1, 2014, and annually on or before each December 31 thereafter,
on the revenue distributed to each district pursuant to this section.

   (2) The department shall use 50 percent of the funds deposited
into the State Parks Revenue Incentive Subaccount pursuant to
subdivision (c) for the following purposes:
   (A) To fund the capital costs of construction and installation of
new revenue and fee collection equipment and technologies and other
physical upgrades to existing state park system lands and facilities.

   (B) For costs of restoration, rehabilitation, and improvement of
the state park system and its natural, historical, and
visitor-serving resources that enhance visitation and are designed to
create opportunities to increase revenues.
   (C) For costs to the department to implement the action plan
required to be developed by the department pursuant to Section
5019.92.
   (D) Pursuant to subdivision (c) of Section 5010.6, for
expenditures to support revenue generation projects that include, but
are not limited to, staffing kiosks, campgrounds, and parking lots.
   (e) The funds generated by the revenue generation program shall
not be used by the department to expand the park system, unless there
is significant revenue generation potential from such an expansion.
   (f) Notwithstanding Section 5009, moneys received by the
department from private contributions and other public funding
sources may also be deposited into the California State Park
Enterprise Fund and the State Parks Revenue Incentive Subaccount for
use for the purposes of subdivision (c) and subdivision (d).
   (g) The department shall provide all relevant information on its
Internet Web site concerning how funds in the State Parks and
Recreation Revenue Incentive Subaccount and the California State Park
Enterprise Fund are spent.
   (h) The department may recoup its costs for implementing and
administering the working capital from the fund.
   SEC. 7.    Section 5080.18 of the   Public
Resources Code   is amended to read: 
   5080.18.  All concession contracts entered into pursuant to this
article shall contain, but are not limited to, all of the following
provisions:
   (a) (1) The maximum term shall be 10 years, except that a term of
more than 10 years may be provided if the director determines that
the longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire, to facilitate the full
utilization of a structure that is scheduled by the department for
replacement or redevelopment, or to serve the best interests of the
state. The term shall not exceed 20 years without specific
authorization by statute.  Except as provided in Section 5080.16,
all renewals of concession   contracts pursuant to this
paragraph shall be subject to competitive bidding requirements. 

   (2)  The maximum term shall be 50 years if the concession contract
is for the construction, development, and operation of multiple-unit
lodging facilities equipped with full amenities, including plumbing
and electrical, that is anticipated to exceed an initial cost of one
million five hundred thousand dollars ($1,500,000) in capital
improvements in order to begin operation. The term for a concession
contract described in this paragraph shall not exceed 50 years
without specific authorization by statute.  Except as provided in
Section 5080.16, all renewals of concession contracts pursuant to
this paragraph shall be subject to competitive bidding requirements.

   (3) Notwithstanding paragraph (1), a concession agreement at Will
Rogers State Beach executed prior to December 31, 1997, including,
but not limited to, an agreement signed pursuant to Section 25907 of
the Government Code, may be extended to exceed 20 years in total
length without specific authorization by statute, upon approval by
the director and pursuant to a determination by the director that the
longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire that are anticipated to
exceed one million five hundred thousand dollars ($1,500,000) in
capital improvements. Any extensions granted pursuant to this
paragraph shall not be for more than 15 years.
   (b) Every concessionaire shall submit to the department all sales
and use tax  returns.   returns and, at 
 the request of the department, provide an annual financial
statement prepared or audited by a certified public accountant. 

   (c) Every concession shall be subject to audit by the department.
   (d) A performance bond shall be obtained and maintained by the
concessionaire. In lieu of a bond, the concessionaire may substitute
a deposit of funds acceptable to the department. Interest on the
deposit shall accrue to the concessionaire.
   (e) The concessionaire shall obtain and maintain in force at all
times a policy of liability insurance in an amount adequate for the
nature and extent of public usage of the concession and naming the
state as an additional insured.
   (f) Any discrimination by the concessionaire or his or her agents
or employees against any person because of the marital status or
ancestry of that person or any characteristic listed or defined in
Section 11135 of the Government Code is prohibited.
   (g) To be effective, any modification of the concession contract
shall be evidenced in writing.
   (h) Whenever a concession contract is terminated for substantial
breach, there shall be no obligation on the part of the state to
purchase any improvements made by the concessionaire.
   SEC. 8.    Section 5080.20 of the   Public
Resources Code   is amended to read: 
   5080.20.  A contract, including a contract entered into on lands
operated pursuant to an agreement entered into under Article 2
(commencing with Section 5080.30), that is expected to involve a
total investment or estimated annual gross sales in excess of
 five hundred thousand dollars ($500,000),   one
million dollars ($1,000,000),  shall not be advertised for bid,
negotiated, renegotiated, or amended in any material respect unless
and until all of the following requirements have been complied with:
   (a)  The commission has reviewed the proposed services,
facilities, and location of the concession and determined that they
meet the requirements of Sections 5001.9 and 5080.03 and are
compatible with the classification of the unit in which the
concession will be operated.
   (b)  The Legislature has reviewed and approved the proposed
concession as part of the annual budget process or the requirements
of subdivision (c) have been complied with. A proposed concession
shall not be submitted for review by the Legislature until the
commission has made its determination pursuant to subdivision (a),
unless deferring review by the Legislature would be adverse to the
interests of the public, in which case the Legislature's review may
precede the commission's determination.
   (c)  Following enactment of the Budget Bill, the board has
determined that the proposed concession could not have been presented
to the Legislature for review and approval in the course of its
consideration of the Budget Bill, or the proposed concession was
reviewed and approved but it is necessary to revise the terms of the
invitation to bid or the contract in a material respect, and that it
would be adverse to the interests of the public to defer that review
and approval to a time when the Legislature next considers a Budget
Bill. Upon making that determination, the board may review and
approve the proposed concession, or any revision thereof, after
giving at least 20 days' written notice to the Chair of the Joint
Legislative Budget Committee and to the chair of the fiscal and
appropriate policy committees of its intended action. All actions
taken by the board pursuant to this subdivision shall be reported to
the Legislature in the next Governor's Budget.
   (d)  The proposed concession is accompanied with documentation
sufficient to enable the Legislature, the commission, and the board,
as the case may be, to ascertain whether the concession will conform
to the requirements of this article and, as to the Legislature and
the board, to evaluate fully all terms on which the concession is
proposed to be let, including the rent and other returns anticipated
to be received.