AB 549: State park system.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-07
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 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 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 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 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.
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 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 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 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 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.
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.
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, cabins and parking facilities for recreational vehicles, and any associated access and public safety facilities, 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, 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 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, 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 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 the money to be spent in a specified way, including 50% of the total amount 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 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. $1,000,000 and would revise those contract requirements, as specified.
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 property, including water rights, roads, trails, and rights-of-way, 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, system, 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. 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 money funds from any entity for the maintenance, operation, restoration, repair, or enhancement of a designated state park system unit or facility, 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 also authorize the department to provide free of charge or reduced cost access to and use of park facilities to an entity that enters into this agreement. 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, 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 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 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.
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.
The Department of Parks and Recreation has control of the state park system. 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.
(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 departments processes, ensure efficiency and accountability throughout the department, diversify the departments 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 Californias 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 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, 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 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 departments Adopt-A-Beach program.
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 districts 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 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 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.
(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 departments processes, ensure efficiency and accountability throughout the department, diversify the departments 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 Californias 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 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, 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 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 departments Adopt-A-Beach program.
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 districts 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 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 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.
(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 departments processes, ensure efficiency and accountability throughout the department, diversify the departments 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 Californias 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 departments 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 states goal of sustainable revenue generation to support state parks, with the states 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 departments 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 departments 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 districts 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.
(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 departments processes, ensure efficiency and accountability throughout the department, diversify the departments 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)(1)In its 2015 report, the Californias 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 Californias 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.
(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, and any associated access and public safety facilities, 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) 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, 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, 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, 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, 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 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, 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, 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, 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, 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 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, 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 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 departments 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 states goal of sustainable revenue generation to support state parks, with the states 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 departments 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 departments 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. 7.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 districts 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.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.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)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 Legislatures review may precede the commissions 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 Governors Budget.
(d)
(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 Legislature, the commission, and the board, as the case may be, the commission and the Joint Legislative Budget Committee to ascertain whether the concession will conform to the requirements of this article and, as to the Legislature and the board, 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.
(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 departments processes, ensure efficiency and accountability throughout the department, diversify the departments 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)(1)In its 2015 report, the Californias 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 Californias 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.
(c)It is the intent of the Legislature in enacting the changes to Section 5003.4 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, 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.
(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, 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, 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. 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 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, or enhancement of a designated state park system unit or facility. 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 supplement, but not replace, existing resources for the maintenance, operation, restoration, repair, or enhancement of the unit or facility. 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 services from any person, educational institution, tribal government, corporation or other business entity, or organization services for the cleanup, repair, restoration, or enhancement of any designated state park system unit or facility. 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 supplement, but not replace, existing staff resources for the purpose of enhancing the maintenance and operation of the unit or facility. 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 the sponsorship, 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 of charge or reduced cost access to, and use of, park facilities to entities that have entered into agreements as described in this section. 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 or operation maintenance, operation, restoration, repair, 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. 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 supplement, but not replace, existing resources for the purposes of enhancing the maintenance or operation maintenance, operation, restoration, repair, 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. 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 or operation maintenance, operation, restoration, repair, or enhancement that will be performed.
(b)The department may also enter into an agreement to accept services from any person, educational institution, tribal government, business entity, or organization services for the operation, restoration, repair, 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, on a nonprofit basis. unit, or for 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 supplement, but not replace, existing staff resources for the purposes of operation, restoration, repair, maintenance, or enhancement of the state beach, area, or facility. 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 that sponsorship, 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 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.
(d)
(e)The activities authorized by this section shall be implemented as part of the departments Adopt-A-Beach program.
SEC. 5.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 states goal of sustainable revenue generation to support state parks, with the states 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 departments 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 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 departments 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. 6.SEC. 7.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 districts 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.SEC. 8.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. 8.SEC. 9.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) 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 Legislatures review may precede the commissions 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 Governors 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.
(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 departments processes, ensure efficiency and accountability throughout the department, diversify the departments 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 Californias 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 Californias 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 states goal of sustainable revenue generation to support state parks, with the states 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 departments 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 departments 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 districts 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 Legislatures review may precede the commissions 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 Governors 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.
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)The organizational, administrative, and technological changes needed at the Department of Parks and Recreation to modernize the departments processes, ensure efficiency and accountability throughout the department, diversify the departments workforce, and better serve the needs of park visitors.
(b)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)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)Establishment of a stable and diversified funding structure, including a more entrepreneurial and robust revenue generation strategy.
SEC. 2.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 paragraph 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 districts 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 July 1 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 of the Public Resources Code. 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.
|
Date
|
Status
|
|---|---|
| Jul 13, 2015 | In committee: Referred to suspense file. |
| Oct 7, 2015 | Chaptered by Secretary of State - Chapter 559, Statutes of 2015. |
| Oct 7, 2015 | Approved by the Governor. |
| Sep 14, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 2, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Sep 2, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2803.). |
| Sep 2, 2015 | Assembly Rule 77 suspended. (Page 2795.) |
| Sep 2, 2015 | Assembly Rule 77 suspended. |
| Sep 1, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2347.). |
| Sep 1, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 1, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 27). |
| Feb 23, 2015 | Read first time. To print. |
| Jul 13, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 30, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 23). |
| Jun 16, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| May 14, 2015 | Referred to Com. on N.R. & W. |
| May 4, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1263.) |
| May 4, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 4, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 29, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 28, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 28). |
| Mar 9, 2015 | Referred to Com. on W., P., & W. |
| Feb 24, 2015 | From printer. May be heard in committee March 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 2, 2015 | AB 549 LEVINE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 1, 2015 | Assembly 3rd Reading AB549 Levine By Pavley | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 23, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 4, 2015 | AB 549 LEVINE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 28, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Council Of Land Trusts | ** Support | Sep 1, 2015 |
| California State Parks Foundation | ** Support | Sep 1, 2015 |
| State Park Partners Coalition | ** Support | Sep 1, 2015 |
AB 549
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 549
(Levine)
As Amended August 31, 2015
Majority vote
ASSEMBLY: |
78-0 |
(May 4, 2015) |
SENATE: |
40-0 |
(September 1, 2015) |
Original Committee Reference: W., P., & W.
SUMMARY: Authorizes the Department of Parks and Recreation (DPR) to accept donations for support of state parks, requires proposed park concession contracts above a threshold to be provided to the Joint Legislative Budget Committee for review prior to approval, clarifies DPR's authority to enter into agreements for acquisition and operation of cabins in state parks, clarifies that concession contract renewals are subject to competitive bidding requirements, and states legislative intent to expedite implementation of recommended reforms of the state park system.
The Senate amendments:
Authorize DPR to acquire and operate camping cabins and parking facilities for recreational vehicles in state park units, and to enter into agreements with nonprofit organizations to acquire, install, and operate camping cabins and parking facilities for recreational vehicles in state park units.
Authorize DPR to accept donations of rights-of-way, buildings, facilities and other improvements to be added to or used in connection with the state park system.
Clarify DPR's authority to enter into an agreement to accept funds or services from a person, educational institution, tribal government, or other organization for the maintenance, operation, restoration, repair, development, improvement, or enhancement of a state park system unit, state beach, or facility, or for research, educational, interpretive, recreational, or visitor services provide on or for a state park system unit. Provides that such funds or services shall supplement but not replace existing resources for these purposes.
Authorize DPR to provide free or reduced cost access to and use of park facilities for entities that have entered into agreements to donate funds or services to state parks, if the public benefit to be provided exceeds or is of comparable value to the access or use of the park facilities granted.
Require, with specified exceptions, that all concession contract renewals be subject to competitive bidding requirements. Requires state park concessionaires, upon request of DPR, to provide an annual financial statement prepared or audited by a certified public accountant.
Prohibit a proposed state park concession contract, expected to involve a total investment or estimated annual gross sales in excess of $1 million, from being advertised for bid, negotiated, or materially amended unless and until at least 30 days advance written notice is provided to the appropriate policy and fiscal committees of the Legislature and the Joint Legislative Budget Committee for review.
EXISTING LAW:
Called for creation of the Parks Forward Commission to undertake an independent, comprehensive review of the state park system and make recommendations to the Legislature and Governor to provide for long-term sustainability of state parks.
Requires DPR to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Requires DPR to develop revenue generation targets for each district. Requires revenue generated by the revenue generation program to be deposited in the State Parks & Recreation Fund. Revenue in excess of the revenue targets is to be transferred to the State Parks Revenue Incentives Subaccount. Fifty percent of the revenues in the subaccount are allocated to those districts that exceeded their revenue targets, for improvement of the parks in that district.
Requires DPR to report to the Legislature by July 1 of each year on the revenue distributed to each district from the revenue generation incentives subaccount.
Prohibits a proposed state park concession contract expected to involve a total investment or estimated annual gross sales in excess of $500,000 from being advertised for bid, negotiated, or materially amended unless and until all of the following have occurred:
The State Park & Recreation Commission has reviewed the proposed concession and determined that it meets requirements of law and is compatible with the classification of the park unit.
The Legislature has reviewed and approved the proposed concession as part of the annual budget process, or, following enactment of the Budget, the Public Works Board determines that the concession could not be presented for review as part of the budget process and it would be adverse to the interests of the public to defer action, in which case the Public Works Board may review and approve the concession after giving the Joint Legislative Budget Committee and the chair of the fiscal and appropriate policy committees 20 days written notice.
FISCAL EFFECT: According to the Senate Appropriations Committee:
Unknown ongoing staffing costs, potentially minor to the low hundreds of thousands of dollars (special fund) to review additional agreements and contracts.
Unknown revenue increases (special fund) for additional donations and benefits of agreements with DPR.
Unknown revenue losses (special fund) for free and reduced costs access and use of state park units, which may be offset by the benefits of agreements.
COMMENTS: This bill as passed by the Assembly stated legislative intent to enact changes in law necessary to facilitate and expedite implementation of reforms recommended by the Parks Forward Commission to ensure a sustainable state park system for California. It also required DPR to report to the Legislature annually by December 31st on the revenue distributed to each state park district pursuant to DPR's revenue generation program. These provisions are still in this bill, plus a number of additional provisions were added in the Senate to facilitate implementation of transformation efforts underway at DPR. These include provisions recommended by the Parks Forward Commission and the transformation team that is working on implementation. Specifically, this bill clarifies DPR's authority to acquire and operate alternative overnight accommodations in state parks to improve public access; to accept donations of funds, services, and facilities for support of state parks; and to enhance partnerships. This bill also improves the process for review and approval of state park concession contracts, in order to enhance efficiency, oversight and transparency.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0001803
AB 549
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 549
Amended: 8/31/15 in Senate
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/23/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 78-0, 5/4/15 (Consent) - See last page for vote
DIGEST: This bill makes numerous changes to the operations of state parks in regards to contracts, agreements, and donations based largely on the reform recommendations of the Parks Forward Commission.
Existing law:
Vests the California Department of Parks and Recreation (DPR) with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public. DPR is also responsible for protecting the state park system from damage and preserving the peace.
Establishes a revenue generation program at DPR that allows the department to collect fees and rents at state parks, and to sell additional annual and regional passes.
Adds, since 2013, legislative ex officio members to the California State Parks and Recreation Commission.
Creates a citizen review panel, the Parks Forward Commission, whose final report was released earlier this year.
Requires the Director of Finance to approve all gifts, bequests, etc., in any amount that are given to DPR, except for a certain historic artifacts that are valued at less than $15,000.
Authorizes DPR pursuant to Public Resources Code Section 5009.1 to enter into agreements to accept funds from any person, corporation, or business entity for the maintenance or operation on a nonprofit basis, of a state park unit.
Authorizes DPR to enter into concession contracts with private businesses subject to the specified conditions.
This bill:
Contains findings and declarations regarding the purpose of, and recommendations from the Parks Forward Commission.
Contains a statement of legislative intent that the California Coastal Commission, the State Coastal Conservancy and DPR develop a proposal using existing and possibly future revenues to identify and implement opportunities to expand the availability of affordable cabins or other similar accommodations in state, local, and regional parks.
Allows DPR to acquire and install camping cabins, parking facilities for recreational vehicles, and any associated access and public safety facilities with state parks provided the operation is consistent with the classification of that park unit and with a general plan of that unit if one is in effect. Further, the department may enter into agreements with qualified nonprofits to acquire, install, and operate these cabins, parking facilities for recreational vehicles, and any associated access and public safety features provided such agreements comply with the terms of Section 5080.42. That section is the main provision in the Public Resources Code authorizing DPR to enter into operating agreements with nonprofits.
Expands the department’s authority to accept various gifts and interests in real property to include buildings, facilities, and other improvements to be used in connection with the park system. Establishes a $100,000 cap for conditional gifts or bequests gifts that the department can accept without approval from the Director of Finance. Conditional gifts or bequests are those that require the gift to be used at a certain park or for specified purposes. DPR must annually report such gifts to the Director of Finance.
Expands the authority of DPR to accept funds for the operations of state parks units. The new authority allows DPR to enter into agreements for the restoration, repair, development, improvement, or enhancement of state park units and deletes the requirement that such funds be contributed on a nonprofit basis. It also deletes the requirement that such funds must be prioritized to prevent park closures or to reduce hours of service to the public. This provision also allows DPR to provide free access to and use of park facilities to entities that have entered into agreements pursuant to this section.
Proposes a change to concession contracts that are entered into between the department and private firms that provide specified services at state parks. The change allows DPR to request an annual financial statement prepared or audited by a certified public accountant. Additionally, a technical change regarding the public bid process for concession contracts is proposed.
Raises the cap on concession contracts that are not subject to various contract requirements from $500,000 to $1,000,000 in total sales or investment value.
Contains other technical and clarifying changes from Legislative Counsel.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this bill will have unknown ongoing staffing costs, potentially minor to the low hundreds of thousands of dollars from a special fund, the State Parks and Recreation Fund (SPRF), to review additional agreements and contracts. Unknown revenue increases into SPRF for additional donations and benefits of agreements with DPR. Unknown SPRF losses for free and reduced costs access and use of state park units, which may be offset by the benefits of agreements.
California Council of Land Trusts
California State Parks Foundation
State Park Partners Coalition
OPPOSITION: (Verified 8/28/15)
None received
ARGUMENTS IN SUPPORT: According to the author, AB 549 will facilitate implementation of the Parks Forward Commission recommendations to improve and strengthen the management of California's state park system, enhance the tools available to DPR to facilitate partnerships agreements, generate increased revenue, and promote public access to state parks. Among other things, this bill enhances opportunities for DPR to develop mutually beneficial partnerships with nonprofit organizations, accept philanthropic contributions to support parks, and increase affordable overnight accommodation options in state parks. It also updates and makes more efficient the process for approval of concession agreements.
ASSEMBLY FLOOR: 78-0, 5/4/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Dahle
Prepared by: William Craven / N.R. & W. / (916) 651-4116
8/31/15 16:32:26
**** END ****
AB 549 (Levine) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 549 (Levine) - State park system.
|
|
Version: July 13, 2015 |
Policy Vote: N.R. & W. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Marie Liu |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 549 would make numerous changes to the operations of state parks in regards to contracts, agreements, and donations.
Fiscal Impact:
Unknown ongoing staffing costs, potentially minor to the low hundreds of thousands of dollars (special fund*) to review additional agreements and contracts.
Unknown revenue increases (special fund*) for additional donations and benefits of agreements with DPR.
Unknown revenue losses (special fund*) for free and reduced costs access and use of state park units, which may be offset by the benefits of agreements.
* State Parks and Recreation Fund
Author Amendments:
Delete the requirement to develop a statewide fee plan and make clarification changes.
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AB 549 (Levine) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 549 (Levine) - State park system
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Version: June 30, 2015 |
Policy Vote: N.R. & W. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: July 13, 2015 |
Consultant: Marie Liu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 549 would make numerous changes to the operations of state parks in regards to contracts, agreements, and donations. This bill would also require the Department of Parks and Recreation (DPR) to develop a statewide policy for the assessment of fees.
Fiscal Impact:
Unknown ongoing staffing costs, potentially minor to the low hundreds of thousands of dollars (special fund*) to review additional agreements and contracts.
Unknown limited-term staffing costs, potentially minor to the low hundreds of thousands of dollars, (special fund*) to develop the required statewide fee plan.
Unknown costs, between minor and the low hundreds of thousands of dollars, (special fund*) to hold public meetings outside of regularly scheduled State Park Commission meetings to develop the statewide fee plan.
Unknown revenue increases (special fund*) for additional donations and benefits of agreements with DPR.
Unknown revenue losses (special fund*) for free and reduced costs access and use of state park units, which may be offset by the benefits of agreements.
* State Parks and Recreation Fund
Background:
Under existing law DPR is authorized to enter into agreements with qualified nonprofits and contracts with companies for certain services and operations at state parks.
DPR is required to provide parking facilities for recreational vehicles in all parks which camping is allowed.
Proposed Law:
This bill would make a number of changes to the operation of state parks, particularly in regards to contracts, agreements, and donations. Specifically, this bill would:
Allow DPR to entire into agreements with qualified nonprofit organizations for the acquisition, installation, and operation of camping cabins or parking for recreational vehicles and associated facilities.
Expand what DPR may receive as gifts to include buildings, facilities, and other improvements.
Allow DPR to also enter into agreements with an educational institution or tribal government for the maintenance and operation of a state park unit.
Allow DPR to enter into agreements for restoration, repair, educational services, research services, interpretive services, recreational services, or visitor services in addition to agreements for maintenance or operation with specified entities.
Allow DPR to provide free or reduced cost access to, and use of, park facilities to entities that have entered into agreements to provide services to the park, so long as the value of the agreement exceeds the value of the park access or use.
Require DPR to develop a statewide policy for the assessment of fees that balances the state’s goal of sustainable revenue generation to support state parks with preserving affordable public access to public lands. In developing this policy, DPR would be required to conduct public workshops and may seek the assistance of the Parks and Recreation Commission. DPR would be required to report to the Legislature on the policy by December 31, 2016.
Change the date by which DPR must annually report to the Legislature regarding its revenue generation program from July 1st to December 31st.
Raises the limit of contracts from $500,000 to one million.
Explicitly subject renewals of concession contracts to competitive bidding requirements.
Related Legislation:
SB 204 (Pavley) would make a number of changes to the operation of state parks. SB 204 is currently in the Assembly Appropriations Committee.
Staff Comments:
This bill expands the types of agreements that can be entered into by DPR and with whom. Additionally, this bill explicitly requires that concession contracts be subject to competitive bidding. DPR currently has staff to review both agreements and concession contracts. While DPR has indicated that its existing personnel can absorb the workload increase under this bill, staff believes the workload costs would be dependent on the number of additional agreements and contracts that are proposed to DPR, which are unknown. If there is a notable increase in the number of agreements or contracts requested, which presumably is the goal since these changes are part of greater efforts at DPR to improve its fiscal sustainability, DPR may need additional personal to enter into, then provide oversight on, contracts and agreements.
This bill would require DPR to develop a statewide policy for the assessment of fees. While the development of such a plan is within DPR’s existing authority, it has not done so. As this bill requires an activity that has not been done already, this bill will result in additional workload to DPR. Staff believes that these costs are unknown but could be between minor and in the low hundreds of thousands of dollars for an additional PY.
The bill would require the statewide fee policy to be developed with public meetings. To the extent possible, DPR would use existing Parks and Recreation Commission meetings to meet this requirement. However, given that the bill would require DPR to report to the Legislature on the policy by December 31, 2016, DPR may need to have additional meetings to assure that the meetings on the policy are held in a timely and geographically balanced manner. DPR estimates that each additional meeting would cost $35,000. Staff believes that no more than three additional meetings would be needed.
This bill would allow DPR to provide free or reduce cost access to, and use of, park and beach facilities to entities that have entered into agreements for the maintenance, operation, restoration, repair, or enhancement of a park unit or beach or to provide research, educational, interpretive, recreational, or visitor services. The free or reduced cost access or use would be required to be less than the value of the agreement, as determined by DPR. Despite this requirement, there may be costs associated with this allowance to the extent that the free or reduced cost access or use displaces full-paying visitors or uses of the park or beach.
This bill expands the types of donations that can be received by DPR, thereby potentially increasing revenues to the State Park and Recreation Fund.
Proposed Author Amendments:
The author has submitted a number of technical amendments to the committee, including amendments to delete intent language regarding coastal parks and modify the review of contracts that are anticipated to involve investments or sales in excess of $1 million. These amendments will be processed while the bill is on the suspense file.
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AB 549 (Levine) Page 6 of 6
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 549 Hearing Date: June 23, 2015
Author: |
Levine |
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|
Version: |
June 16, 2015 Amended |
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Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
William Craven |
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Subject: State park system.
BACKGROUND AND EXISTING LAW
1) The California Department of Parks and Recreation (DPR) is vested with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public. DPR is also responsible for protecting the state park system from damage and preserving the peace.
2) Recent statutory changes that reacted to fiscal improprieties at DPR established several reforms by which the department was empowered to improve its own fiscal health. To that end:
a) The department’s authority to collect fees, rents, and other returns for the use of state parks was expanded;
b) It was authorized to sell additional annual and regional passes and to enter a wider array of concession contracts; and
c) A revenue generation program was established.
Also, ex-officio legislative members to the California State Parks and Recreation Commission were added, and state law also directed the establishment of a citizen review panel, the Parks Forward Commission, whose final report was released earlier this year.
3) The key recommendations of the Parks Forward Commission were to:
a) Create a “transformation team” within the department to improve internal procedures including technologies to assist with budgeting, planning, and project implementation;
b) Improve relationships with nonprofits and other partners;
c) Develop an outside support entity to help the department with marketing, financial, and other aspects of the department’s work where an outside entity with greater business experience would be useful
d) Improve cultural and resource protection programs;
e) Expand access to parks including to those from park-poor and other disadvantaged communities.
4) These recent changes were a part of what has developed into a concerted, year-by-year approach to reforms at the department by the Legislature. This bill, along with SB 204 (Pavley), are examples of that approach in 2015.
5) The Director of Finance is required to approve all gifts, bequests, etc., in any amount that are given to DPR, except for a certain historic artifacts that are valued at less than $15,000.
6) DPR is authorized pursuant to Public Resources Code section 5009.1 to enter into agreements to accept funds from any person, corporation, or business entity for the maintenance or operation on a nonprofit basis, of a state park unit.
7) DPR may enter into concession contracts with private businesses subject to the specified conditions.
PROPOSED LAW
This bill has several provisions.
1) It contains findings and declarations regarding the purpose of, and recommendations from the Parks Forward Commission.
2) One of those recommendations focused on the need to expand 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. In particular, coastal parks have been identified as those where lower-cost overnight accommodations are in high demand and low supply. The bill contains a statement of legislative intent that the California Coastal Commission, the State Coastal Conservancy and DPR develop a proposal using existing and possibly future revenues that may identify and implement opportunities to expand the availability of affordable cabins or other similar accommodations in state, local, and regional parks.
3) Section 5003.4 of the Public Resources Code is proposed to be amended to allow DPR to acquire and install camping cabins, parking facilities for recreational vehicles, and any associated access and public safety facilities with state parks provided the operation is consistent with the classification of that park unit and with a general plan of that unit if one is in effect. Further, the department may enter into agreements with qualified nonprofits to acquire, install, and operate these cabins, parking facilities for recreational vehicles, and any associated access and public safety features provided such agreements comply with the terms of Section 5080.42. That section is the main provision in the Public Resources Code authorizing DPR to enter into operating agreements with nonprofits.
4) The bill expands the department’s authority to accept various gifts and interests in real property to include buildings, facilities, and other improvements to be used in connection with the park system. The bill establishes a $100,000 cap for conditional gifts or bequests gifts that the department can accept without approval from the Director of Finance. Conditional gifts or bequests are those that require the gift to be used at a certain park or for specified purposes. DPR must annually report such gifts to the Director of Finance.
5) The bill expands the authority of DPR to accept funds for the operations of state parks units. The new authority allows DPR to enter into agreements for the restoration, repair, or enhancement of state park units and deletes the requirement that such funds be contributed on a nonprofit basis. It also deletes the requirement that such funds must be prioritized to prevent park closures or to reduce hours of service to the public. This provision also allows DPR to provide free access to and use of park facilities to entities that have entered into agreements pursuant to this section.
6) The bill directs DPR to develop a statewide policy for assessment of fees that balances the state’s goals of sustainable revenue generation with the equally important goal of preserving affordable public access to public lands, including lands in the coastal zone. Factors DPR is directed to include in developing a statewide fee policy are:
a) To the extent feasible, ensure that fees are not a deterrent to equitable public access and are comparable to fees charged for other similar services.
b) 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;
c) Base a fee policy on uniform principles that reflect 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.
d) Establish a process for setting and approving all fee rate changes.
e) Provide for public accountability and transparency, and advance public notice for proposed changes to fee schedules.
7) DPR is authorized to consult with the National Park Service for guidance in developing a statewide fee policy.
8) DPR must conduct public workshops on developing a statewide fee policy and may seek assistance with scheduling and conducting of the workshops from the State Park and Recreation Commission.
9) DPR must report to the Legislature on the statewide fee policy on or before December 31, 2016.
10) The fee schedule must be publicly available on the department’s website which must be updated to reflect any changes in the fee structure.
11) The bill contains a statement of intent that the department also continue its efforts to accept modern fee collection and payment options, including cash, credit card, and smart phone technologies.
12) DPR is authorized to include additional options in its fee policy, including hourly fees, regional passes, and promotional free-day events. It is also authorized to explore opportunities for collaborative fee arrangements and passes with other federal, state, and local park agencies.
13) The bill proposes a change to concession contracts that are entered into between the department and private firms that provide specified services at state parks. The change allows DPR to request an annual financial statement prepared or audited by a certified public accountant. Additionally, a technical change regarding the public bid process for concession contracts is proposed.
14) The bill raises the cap on concession contracts that are not subject to various contract requirements from $500,000 to $1,000,000 in total sales or investment value.
15) The bill contains other technical and clarifying changes from Legislative Counsel.
ARGUMENTS IN SUPPORT
According to the author, AB 549 will facilitate implementation of the Parks Forward Commission recommendations to improve and strengthen the management of California's state park system, enhance the tools available to DPR to facilitate partnerships agreements, generate increased revenue, and promote public access to state parks. Among other things, this bill enhances opportunities for DPR to develop mutually beneficial partnerships with nonprofit organizations, accept philanthropic contributions to support parks, and increase affordable overnight accommodation options in state parks. It also updates and makes more efficient the process for approval of concession agreements. Finally, it calls for a statewide fee policy that balances the Legislature’s goals of affordable public access to state parks and mission-consistent revenue generation
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
In discussions with the author, two amendments are proposed. The first adds a finding and declaration that the agreements with nonprofits to provide tents or other lodging not compete with existing concession contracts through which comparable services are provided.
The second is a series of clarifying amendments to Section 5009.1 regarding funds provided by other entities to DPR.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 4, line 36, add (b): It is the intent of the Legislature in enacting the changes to Section 5003.4 in this bill, that such agreements not compete with existing concession contracts through which comparable services are provided.
AMENDMENT 2
This amendment to Public Resources Code section 5009.1 adds academic or educational institutions and tribal governments to those entities authorized to enter into agreements to provide funds to the department. It borrows existing language from a related provision that authorized the department to erect signage recognizing the sponsorship of the donor, consistent with the rules and regulations of the department. It also broadens the scope of such agreements to include research, educational, interpretative, recreational or visitor services. The provision allowing DPR to provide free access and use of park facilities will be subject to a requirement that the benefit provided by the agreement exceeds or is of comparable value to any use of park facilities granted.
A mock up of the proposed section is below.
5009.1
(a) The department may enter into an agreement to accept funds from
any person, corporation, or other business entity, academic or
educational institution, tribal government, or organization for
the maintenance, or operation, restoration,
repair or enhancement on a nonprofit basis of a
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. 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
of the unit or facility or increasing, enhancing, or establishing
services delivered to park visitors., with priority given
to preventing closure or reduced hours of service to the public.
The department and the sponsoring person, entity, government,
or organization shall specify in the agreement the level of service
which is to be performed.
(1) The director may authorize the erection of appropriate signage in recognition of the donation or sponsorship, consistent with existing law and with the rules and regulations of the department regarding signs in units of the state park system.
(b) The department may enter into an agreement to accept services from any person, corporation, or other business entity, academic or educational institution, tribal government, or organization for the cleanup, repair, 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 increasing, enhancing, or establishing services delivered to park visitors.
(1) 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.
(c) The department, at its discretion, may provide access to and use of park facilities to entities that have entered into agreements as described in this section as long as the public benefit provided by the agreement exceeds or is of comparable value to any use of park facilities granted.
In addition, the same provisions would apply to state beaches.
SUPPORT
California State Parks Foundation
OPPOSITION
None Received
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Discussed in Hearing
31SEC
Assembly Floor
3MIN
Senate Floor
14SEC
Senate Standing Committee on Appropriations
3MIN
Senate Standing Committee on Natural Resources and Water
Bill Author
Bill Co-Author(s):
