Bill Text: CA AB549 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 549 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 13, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN SENATE JUNE 16, 2015
INTRODUCED BY Assembly Member Levine
(Coauthor: Assembly Member Rendon)
FEBRUARY 23, 2015
An act to amend Sections 5003.4, 5005, 5009.1, 5009.2, 5010.7,
5080.18, and 5080.20 of, and to add Section 5010.3 to,
of the Public Resources Code, relating to state
parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 549, as amended, Levine. State park system.
Existing law authorizes the Department of Parks and Recreation to
install 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 and parking facilities for recreational vehicles
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, including water rights, roads, trails, and rights-of-way,
to be added or used in connection with the state park system, subject
to the approval of the Director of Finance, except as provided.
This bill would include buildings, facilities, and other
improvements to the types of interests that the department may
receive to be used in connection with the state park system.
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 funds from any entity for the maintenance,
operation, restoration, repair, development, improvement,
or enhancement of a designated state park system unit or facility or
for research, educational, interpretive, recreational, or visitor
services provided on or for a designated state park system unit or
facility. The bill would provide that the funds received shall be
used to supplement, but not replace, existing resources, would remove
the priority given to preventing closure or reduced hours of service
to the public, and would authorize the department to provide free or
reduced cost reduced-cost access to
and use of park facilities to an entity that enters into this
agreement, if the public benefit provided by the agreement exceeds or
is of comparable value, as determined by the department, to the
access to or use of park facilities granted.
Existing law authorizes the department to enter into an agreement
to receive funds from any entity for the maintenance or operation of
a state beach, any other unit of the state park system that
encompasses a beach, or any area or facility of the state beach or
other unit. Existing law requires funds received to be used to
supplement existing resources.
This bill would authorize the department to enter into an
agreement to receive funds from any entity for the maintenance,
operation, restoration, repair, development, improvement,
or enhancement of a state beach, any other unit of the state park
system that encompasses a beach, or any area or facility of the state
beach or other unit, or for research, educational, interpretive,
recreational, or visitor services provided on or for a state beach,
any other unit of the state park system that encompasses a beach, or
any area or facility of the state beach or other unit. The bill would
provide that funds received shall be used to supplement, but not
replace, existing resources, and would authorize the department to
provide free or reduced cost reduced-cost
access to and use of beach facilities to an entity that enters
into this agreement, if the public benefit provided by the agreement
exceeds or is of comparable value, as determined by the department,
to the access to or use of beach facilities granted.
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 50% of certain program revenues
deposited into the subaccount generated by a park district to be
allocated 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 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 and would revise those contract requirements, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: 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:
(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.
(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.
(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.
(4) Establishment of a stable and diversified funding structure,
including a more entrepreneurial and robust revenue generation
strategy.
(b) 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.
(c) It is the intent of the Legislature in enacting the changes to
Section 5003.4 of the Public Resources Code made by this act that
agreements entered into pursuant to subdivision (b) of that section
not compete with existing concession contracts through which
comparable services, as determined by the department, are or could be
provided.
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
acquire, install or permit the installation of, and operate or permit
the operation of, camping cabins, as defined by Section 18862.5 of
the Health and Safety Code, and parking facilities for recreational
vehicles 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.
(b) The department may enter into agreements with qualified
nonprofit organizations, as defined in subdivision (g) of
Section 5080.42, for acquisition, installation, and operation of
camping cabins or parking facilities for recreational vehicles 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, rights-of-way, buildings, facilities,
and other improvements, to be added to or used in connection with the
state 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, except that
conditional gifts or bequests of money valued at one hundred thousand
dollars ($100,000) or less, shall not require the approval of the
Director of Finance.
(c) The department shall annually report to the Department of
Finance all conditional gifts or bequests of money valued at one
hundred thousand dollars ($100,000) or less that it accepts and
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, educational institution, tribal government,
corporation or other business entity, or organization for the
maintenance, operation, restoration, repair, development,
improvement, or enhancement of a designated state park system
unit or facility, or for research, educational, interpretive,
recreational, or visitor services provided on or for 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, but not replace, existing
resources for the maintenance, operation, restoration, repair,
development, improvement, or enhancement of the unit or
facility, or for establishing or enhancing park services provided to
visitors. The department and the sponsoring or donating person,
entity, government, or organization shall specify in the agreement
the level of service that is to be performed.
(b) The department may enter into an agreement to accept from any
person, educational institution, tribal government, corporation or
other business entity, or organization services for the cleanup,
repair, development, improvement, restoration, or
enhancement of any designated state park system unit or facility, or
for research, educational, interpretive, recreational, or visitor
services provided on or for a state park system unit or facility.
Under the direction of the department, these services shall
supplement, but not replace, existing staff resources for the purpose
of enhancing the maintenance and operation of the unit or facility
or for establishing or enhancing park services provided to visitors.
(c) The director may authorize the erection of an appropriate sign
in recognition of a donation or sponsorship provided in accordance
with this section, 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 or reduced cost
reduced-cost access to, and use of, park
facilities to entities that have entered into agreements as described
in this section, if the public benefit to be provided pursuant to
the agreement exceeds or is of comparable value, as determined by the
department, to the access to or use of park facilities granted.
SEC. 5. Section 5009.2 of the Public Resources Code is amended to
read:
5009.2. (a) The department may enter into an agreement to accept
funds from any person, business entity, educational institution,
tribal government, or organization for the maintenance, operation,
restoration, repair, development, improvement, or
enhancement of a state beach, any other unit of the state park system
that encompasses a beach, or any area or facility of the state beach
or other unit, or for research, educational, interpretive,
recreational, or visitor services provided on or for a state beach,
any other unit of the state park system that encompasses a beach, or
any area or facility of the state beach or other unit. Any funds so
received shall be deposited in a separate account in the State Park
Contingent Fund. The funds received shall supplement, but not
replace, existing resources for the purposes of enhancing the
maintenance, operation, restoration, repair, development,
improvement, or enhancement of the state beach, other unit of
the state park system that encompasses a beach, or area or facility
of the state beach or other unit, or for establishing or enhancing
beach services provided to visitors. The department and the
sponsoring or donating person, business entity, government, or
organization may specify in the agreement the level of maintenance,
operation, restoration, repair, development, improvement,
or enhancement that will be performed.
(b) The department may also enter into an agreement to accept from
any person, educational institution, tribal government, business
entity, or organization services for the operation, restoration,
repair, development, improvement, maintenance, or
enhancement of a state beach, other unit of the state park system
that encompasses a beach, or area or facility of the state beach or
other unit, or for research research,
educational, interpretive, recreational, or visitor services provided
on or for a state beach, other unit of the state park system that
encompasses a beach, or area or facility of the state beach or other
unit. Under the direction of the department, those services shall
supplement, but not replace, existing staff resources for the
purposes of operation, restoration, repair, development,
improvement, maintenance, or enhancement of the state beach,
other unit of the state park system that encompasses a beach, or area
or facility of the state beach or other unit.
(c) The director may authorize the erection of an appropriate sign
in recognition of a donation or sponsorship provided in accordance
with this section, in accordance with department rules and
regulations regarding signs in the state park system.
(d) The department may provide free or reduced cost
reduced-cost access to, and use of, beach
facilities to entities that have entered into agreements as described
in this section, if the public benefit to be provided pursuant to
the agreement exceeds or is of comparable value, as determined by the
department, to the access to or use of beach facilities granted.
(e) The activities authorized by this section shall be implemented
as part of the department's Adopt-A-Beach program.
SEC. 6. 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-schedule 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 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. 7. 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. 8. 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 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. 9. 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 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) At least 30 days advance written notice of the proposed
concession has been provided by the director to the appropriate
policy and fiscal committees of the Legislature and the Joint
Legislative Budget Committee.
(c) The proposed concession is accompanied with documentation
sufficient to enable the commission and the Joint Legislative Budget
Committee to ascertain whether the concession will conform to the
requirements of this article and to evaluate fully all terms on which
the concession is proposed to be let, including the rent and other
returns anticipated to be received.
