Bill Text: CA SB633 | 2013-2014 | Regular Session | Amended

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

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Bill Title: State parks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-26 - In Senate. Consideration of Governor's veto pending. [SB633 Detail]

Download: California-2013-SB633-Amended.html

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BILL NUMBER: SB 633	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2014
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN SENATE  MAY 6, 2013
	AMENDED IN SENATE  APRIL 11, 2013
	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Pavley

                        FEBRUARY 22, 2013

    An act to amend Section 21166 of, and to add Section
21084.2 to, the Public Resources Code, relating to environmental
quality.   An act to add Sections 530.5, 547, 5080.27,
and 5080.43 to, and to add and repeal Sections   5003.9 and
5080.22 of, the Public Resources Code, relating to state parks. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 633, as amended, Pavley.  CEQA.   State
parks.  
   (1) Existing law establishes the Department of Parks and
Recreation and vests the department with the control of the state
park system. Existing law authorizes the department to enter into
concession contracts for the construction, maintenance, and
convenience of the general public in the use and enjoyment of units
of the state park system. Under its existing authority, the
department has created regional park passes and other passes that
serve the needs of visitors interested in parks with a shared theme
or within a region.  
   This bill would require the Department of Parks and Recreation, on
or before July 1, 2015, 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. The bill would require the department, until
January 1, 2018, and from available appropriated funds, to establish
a pilot program for mobile food and beverage concessions in multiple
units and in multiple locations, if feasible, and to assess and
report on the suitability, increase in visitation, and visitor
satisfaction regarding the program. The bill would also require the
department, on or before July 1, 2015, to establish guidelines for
the sale of specified park passes to cooperating vendors for resale
to the public. The bill would require the department, on or before
December 31, 2015 and from available appropriated funds, to establish
a minimum of 2 additional regional passes available to park visitors
for purchase.  
   (2) Existing law establishes the State Park and Recreation
Commission and vests the commission with specified authorities
regarding the operation and development of the state park system.
Existing law requires the Department of Motor Vehicle, in
consultation with the Department of Parks and Recreation, to design
and make available for issuance a special state parks environmental
design license plate upon the payment of an additional fee. Existing
law requires those additional fees, upon the appropriation of the
Legislature, be used for the exclusive trust purposes of preservation
and restoration of California state parks.  
   This bill would require the commission's costs be reflected
separately and displayed in the annual budget proposed by the
Governor. The bill would require the commission to hold one or more
public hearings to further a public process that may be initiated by
the Department of Parks and Recreation to select one or more annual
projects to receive funding from those additional fees. 

   The California Environmental Quality Act, referred to as CEQA,
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify completion of, an environmental impact report,
referred to as an EIR, on a project that it proposes to carry out or
approve that may have a significant effect on the environment, or to
adopt a negative declaration if it finds that the project will not
have that effect. CEQA also requires a lead agency to prepare a
mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project
would avoid or mitigate that effect and there is no substantial
evidence that the project, as revised, would have a significant
effect on the environment. CEQA prescribes certain requirements for
the review of draft EIRs, as specified. CEQA prohibits a lead agency
or responsible agency from requiring a subsequent or supplemental EIR
when an EIR has been prepared for a project pursuant to its
provisions, unless one or more of specified events occurs, including,
among other things, that new information, which was not known and
could not have been known at the time the EIR was certified as
complete, becomes available. CEQA requires the Office of Planning and
Research to prepare and develop, and the Secretary of the Natural
Resources Agency to certify and adopt, guidelines for the
implementation of CEQA. CEQA requires the office to review the
guidelines once every 2 years and recommend proposed changes or
amendments to the guidelines to the secretary. CEQA requires the
guidelines to include a list of classes of projects that have been
determined not to have a significant effect on the environment and to
exempt those classes of projects from CEQA. These are referred to as
categorical exemptions.  
   This bill would, for purposes of the new information exception to
the prohibition on requiring a subsequent or supplemental EIR,
specify that the exception applies if new information that becomes
available was not known and could not have been known by the lead
agency or any responsible agency at the time the EIR was certified as
complete. The bill would authorize the office, by July 1, 2015, to
draft and transmit to the secretary revisions to the guidelines to
include as a categorical exemption projects involving minor temporary
uses of land and public gatherings that have been determined not to
have a significant effect on the environment. The bill would require
the secretary, if the Office of Planning and Research transmits the
revisions to the secretary, to certify and adopt the proposed
revisions to the guidelines by January 1, 2016. Because a lead agency
would be required to determine whether a project would fall within
this categorical exemption, this bill would impose a state-mandated
local program.  
   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.
State-mandated local program: yes   no  .


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Recent legislation establishing a moratorium on closure of
state parks, a matching funds program to help keep state parks open,
increased outreach to the public through the use of creative
partnerships and other innovative tools, and other provisions have
helped stabilize the Department of Parks and Recreation and broaden
its financial base.  
   (b) Ongoing efforts by the Parks Forward Commission, the State
Parks and Recreation Commission, and the Department of Parks and
Recreation to develop a more secure financial base for the department
through the increased use of pilot projects, the sale of specialized
or regional passes, and other internal reforms are providing early
signs of success that should be strengthened.  
   (c) The directives in Sections 5080.22, 5080.27, and 5080.43 of
the Public Resources Code added by this act are based on existing
authority of the Department of Parks and Recreation. 
   SEC. 2.    Section 530.5 is added to the  
Public Resources Code   , to read:  
   530.5.  (a) The Legislature finds and declares that the commission'
s costs should be reflected separately in the annual budget so that
there is transparency as to those costs and the capability to
determine if the commission is adequately funded.
   (b) The commission's costs shall be reflected separately in a
format approved by the Department of Finance and shall be displayed
in the annual budget proposed by the Governor. 
   SEC. 3.    Section 547 is added to the  
Public Resources Code   , to read:  
   547.  (a) It is the intent of the Legislature that the commission
and the Department of Parks and Recreation cooperate to increase
public support of, and involvement with, the department and to
generate greater tax-deductible contributions to the department
through Section 5155 of the Vehicle Code by soliciting public input
into how these contributions are proposed to be spent. The commission
and department should create one or more "projects of the year" to
be funded by the public's tax-deductible contributions based on a
process in which the public helps decide which project or projects
receive funding.
   (b) The commission shall hold one or more public hearings to
further a public process that may be initiated by the Department of
Parks and Recreation to select one or more annual projects to receive
revenue from the tax-deductible contributions from the public
generated pursuant to Section 5161 of the Vehicle Code. 
   SEC. 4.    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, 2015, 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, 2020. 
   SEC. 5.    Section 5080.22 is added to the  
Public Resources Code   , to read:  
   5080.22.  (a) The department shall, until January 1, 2018 and from
available appropriated funds, establish a pilot program for mobile
food and beverage concessions in multiple units and in multiple
locations, if feasible, and to assess suitability, increase in
visitation, and visitor satisfaction. The program is not subject to
Section 5002.2.
   (b) The pilot program may include concession agreements for two
years or less as authorized by Section 5080.06 and may provide
existing concessionaires a right of first refusal for those mobile
food and beverage concessions.
   (c) On or before January 1, 2018, the department shall submit to
the Legislature, pursuant to Section 9795 of the Government Code, a
report on the results of the pilot program, including information
regarding improvements or other changes in revenue generated by the
department and participating units, sales volume, visitation
statistics, and any available information regarding visitor
satisfaction.
   (d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date. 
   SEC. 6.    Section 5080.27 is added to the  
Public Resources Code   , to read:  
   5080.27.  (a) (1) It is the intent of the Legislature to expand
the department's capability to sell park passes through cooperating
vendors, whether for the entire system of state parks, day use
passes, or identified subsets of parks for which the department has
approved regional or shared-theme park passes.
   (2) It is further the intent of the Legislature that a model for
this expansion can be found in subdivision (b) of Section 5091.20
that applies to Sno-park permits, which are sold on a consignment
basis to vendors who do not have any financial risk associated with
providing this service to the department and who are authorized to
deduct a stipulated commission for each permit sold before remitting
the proceeds of the sold permits to the department.
   (b) On or before July 1, 2015, the department shall establish
guidelines for the sale of state park passes identified in
subdivision (a) to cooperating vendors for resale to the public.

   SEC. 7.    Section 5080.43 is added to the  
Public Resources Code   , to read:  
   5080.43.  (a) (1) The Legislature finds and declares that regional
passes in the Big Sur-Monterey Bay region, the Lake Tahoe region,
the northern coastal beaches, or other appropriate regions may be
determined by the department to be suitable for the establishment of
additional regional approaches for annual passes.
   (2) It is the intent of the Legislature that the department should
continue to create regional park passes and other passes that could
serve the need of visitors interested in state parks with a shared
theme or within a region so that visitors could recreate in multiple
parks for only one fee. The creation of the Surf Explorer Vehicle Day
Use annual pass, the Historian Passport Day Use Admissions annual
pass, and the California Park Experience Vehicle Day Use annual pass
may serve as useful models for future passes for the regions
described in paragraph (1).
   (b) On or before December 31, 2015, the department shall, from
available appropriated funds, establish a minimum of two additional
regional park passes as described in subdivision (a) that are
available to park visitors for purchase through the department's
Internet Web site or other designated vendors.  
  SECTION 1.    Section 21084.2 is added to the
Public Resources Code, to read:
   21084.2.  (a) On or before July 1, 2015, the Office of Planning
and Research may draft and transmit to the Secretary of the Natural
Resources Agency for certification and adoption revisions to the
guidelines to include a class of projects involving minor temporary
uses of land and public gatherings that have been determined not to
have a significant effect on the environment and that shall be exempt
from this division.
   (b) If the Office of Planning and Research transmits revisions
pursuant to subdivision (a), the Secretary of the Natural Resources
Agency shall certify and adopt the proposed revisions in accordance
with Section 21083 on or before January 1, 2016.
   (c) This section shall not be construed to be a limitation on
requirements under this division and any other laws.
   (d) This section does not affect a pending action or proceeding
challenging the issuance of a permit for the temporary uses of land
and public gathering based on an alleged violation of this division
that is filed before January 1, 2014.  
  SEC. 2.    Section 21166 of the Public Resources
Code is amended to read:
   21166.  When an environmental impact report has been prepared for
a project pursuant to this division, a subsequent or supplemental
environmental impact report shall not be required by the lead agency
or by any responsible agency, unless one or more of the following
events occurs:
   (a) Substantial changes are proposed in the project that will
require major revisions of the environmental impact report.
   (b) Substantial changes occur with respect to the circumstances
under which the project is being undertaken that will require major
revisions in the environmental impact report.
   (c) New information, which was not known and could not have been
known by the lead agency or any responsible agency at the time the
environmental impact report was certified as complete, becomes
available.  
  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.