Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 58

Introduced by Assembly Member Travis Allen

December 06, 2016

An act to amend Section 5002.4 5080.40 of the Public Resources Code, relating to the state park system.


LEGISLATIVE COUNSEL'S DIGEST


AB 58, as amended, Travis Allen. State park system: operating agreements.
Existing law authorizes the Department of Parks and Recreation and any public agency to enter into agreements for the care, maintenance, administration, and control by any party to the agreement of lands under the jurisdiction of any party to the agreement for the purposes of the state park system. Existing law prohibits an operating lease or agreement from being entered into, or amended, unless certain conditions are met. Existing law exempts this prohibition from amendments to existing leases or agreements if, among other things, the amendment’s impact to the park unit will not exceed $1,000,000, as provided.
This bill would instead provide the exemption if, among other things, the amendment’s impact to the park unit will not exceed $2,000,000, as provided.

Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to prepare or revise a general plan for a unit, as specified, and requires the department to furnish a copy of the general plan for any unit of the state park system for which a plan has been prepared to any Member of the Legislature upon request.

This bill would make nonsubstantive changes to these state park system provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 5080.40 of the Public Resources Code is amended to read:

5080.40.
 (a) No An operating lease or agreement shall not be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee.
(b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following:
(1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs.
(2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues.
(c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist:
(1) The lease or agreement involves operation of only a portion of a unit of the state park system.
(2) The term of the lease or agreement is for a period of 20 years or less.
(3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property.
(4) The lease or agreement involves no does not involve a significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit.
(d) Amendments An amendment to an existing leases or agreements lease or agreement shall be exempt from subdivisions (a) and (b) when all of the following conditions exist:
(1) The amendment involves operation of only a portion of a unit of the state park system.
(2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) two million dollars ($2,000,000) in annual gross revenue generated on the property.
(3) The amendment involves no does not involve a significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit.

SECTION 1.Section 5002.4 of the Public Resources Code is amended to read:
5002.4.

The department shall provide a copy of the general plan for any unit of the state park system for which a plan has been prepared to any Member of the Legislature upon request.