BILL NUMBER: SB 204	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 11, 2015

   An act to amend Section 5080.16 of, and to add and repeal Section
5003.9 of, the Public Resources Code, relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, as introduced, Pavley. State parks.
   (1) Existing law establishes the Department of Parks and
Recreation and vests the department with the control of the state
park system.
   This bill would require the Department of Parks and Recreation, on
or before July 1, 2016, to prepare a report to the Legislature that
fully addresses the department's energy costs, projects that could
reduce those costs, and potential energy-related infrastructure
projects, as specified.
   (2) Existing law authorizes the Director of Parks and Recreation
to negotiate or renegotiate a concession contract if specified
conditions exist.
   This bill would additionally authorize the director to negotiate
or renegotiate a concession contract if the services provided
pursuant to the contract will have minimal impact on state park
resources, are inherently mobile or transitory in nature, and do not
occupy a state-owned structure.
   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.  Section 5003.9 is added to the Public Resources Code,
to read:
   5003.9.  (a) The Legislature finds and declares that the
department should identify its energy costs, projects that could
reduce those costs, and potential energy-related infrastructure
projects that may be eligible for funding from revenues that may be
generated pursuant to a market-based compliance mechanism that may be
adopted by the State Air Resources Board pursuant to Part 5
(commencing with Section 38570) of Division 25.5 of the Health and
Safety Code.
   (b) (1) On or before July 1, 2016, the department shall prepare a
report to the Legislature that fully addresses the matter described
in subdivision (a).
   (2) The report required pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
   (c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2021.
  SEC. 2.  Section 5080.16 of the Public Resources Code is amended to
read:
   5080.16.  If the director determines that it is  for
  in  the best interests of the state, the
director, upon giving notice to the State Park and Recreation
Commission, may negotiate or renegotiate a contract, including terms
and conditions, when one or more of the following conditions exist:
   (a) The bid process as prescribed in this article has failed to
produce a best responsible bidder.
   (b) The negotiation or renegotiation would constitute an extension
of an existing contract obtained through the process required by
this article and the extended contract would provide for substantial
and additional concession facilities, which would be constructed at
the sole expense of the concessionaire and which are set forth in the
general plan for the unit and are needed to accommodate existing or
projected increased public usage.
   (c) Lands in the state park system administered by the department
and lands under the legal control of the prospective concessionaire
are so situated that the concession is dependent upon the use of
those public and private lands for the physical or economic success,
or both, of the concession.
   (d) Whenever a concession is desired for particular interpretive
purposes in a unit of the state park system and the prospective
concessionaire possesses special knowledge, experience, skills, or
ability appropriate to the particular interpretive purposes.
   (e) Whenever the concession has been severely and adversely
impacted through no fault of the concessionaire by an unanticipated
calamity, park closure, major construction, or other harmful event or
action.
   (f) Whenever the estimated administrative costs for the bid
process exceed the projected annual net rental revenue to the state.

   (g) The services provided pursuant to the contract will have
minimal impacts on state park resources, are inherently mobile or
transitory in nature, and do not occupy a state-owned structure.
Those services may include, but are not limited to, mobile food and
beverage services.