SB 204: State parks.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-07
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
Existing law requires the department to prepare a general plan or revise an existing plan for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for a park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely, and would delete the above limitation on the departments authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.
Existing law authorizes the Director of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.
This bill would make those requirements applicable if the total estimated cost of the project exceeds $50,000.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
Existing law requires the department to prepare a general plan or revise an existing plan for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for a park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely, and would delete the above limitation on the departments authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.
Existing law authorizes the Director of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.
This bill would make those requirements applicable if the total estimated cost of the project exceeds $50,000.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
The bill would require the Department of Parks and Recreation, on or before December 1, 2016, to prepare a report to the Legislature that identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.
Existing law requires the department to prepare a general plan or revise an existing plan for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for a park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely, and would delete the above limitation on the departments authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.
Existing law authorizes the Director of the Department of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.
This bill would increase the dollar threshold described above to make those requirements applicable if the total estimated cost of the project exceeding $750,000. exceeds $50,000.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
The bill would require the Department of Parks and Recreation, on or before December 1, 2016, to prepare a report to the Legislature that identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.
Existing law requires the department to prepare a general plan or revise an existing plan for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for park units in which minimal development may be proposed and for a park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit.
Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. The bill would also declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely, and would delete the above limitation on the departments authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.
Existing law authorizes the Director of the Department of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.
This bill would increase the dollar threshold described above to the total estimated cost of the project exceeding $750,000.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
The bill would require the Department of Parks and Recreation, on or before December 1, 2016, to prepare a report to the Legislature that identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.
Existing law requires the department to prepare a general plan or revise an existing plan, plan for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of preparing a general plan for park units in which minimal development may be proposed. proposed and for a park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit.
Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. The bill would also declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely, and would delete the above limitation on the departments authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.
Existing law authorizes the Director of the Department of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.
This bill would increase the dollar threshold described above to the total estimated cost of the project exceeding $750,000.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
The bill would require the Department of Parks and Recreation, on or before December 1, 2016, to prepare a report to the Legislature that identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.
Existing law requires the department to prepare a general plan or revise an existing plan, for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would authorize a lead agency responsible for the environmental analysis and review under CEQA of a proposed park development project, until January 1, 2022, to conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review under CEQA.
This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of preparing a general plan for park units in which minimal development may be proposed.
Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. The bill would also declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system. system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely. indefinitely, and would delete the above limitation on the departments authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into cooperative agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described. The bill would further declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
Existing law authorizes the Director of the Department of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.
This bill would increase the dollar threshold described above to the total estimated cost of the project exceeding $750,000.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
The bill would require the Department of Parks and Recreation, on or before December 1, 2016, to prepare a report to the Legislature that identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.
Existing law requires the department to prepare a general plan or revise an existing plan, for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would authorize a lead agency responsible for the environmental analysis and review under CEQA of a proposed park development project, until January 1, 2022, to conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review under CEQA.
Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. The bill would also declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely. The bill would also authorize the department to accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into cooperative agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described. The bill would further declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
(1)Existing
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
This
The bill would require the Department of Parks and Recreation, on or before July December 1, 2016, to prepare a report to the Legislature that fully addresses the departments energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects, as specified. identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.
Existing law requires the department to prepare a general plan or revise an existing plan, for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would authorize a lead agency responsible for the environmental analysis and review under CEQA of a proposed park development project, until January 1, 2022, to conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review under CEQA.
(2)Existing
Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. The bill would also declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.
Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state park system.
This bill would delete the repeal date of that provision, thereby extending its operation indefinitely. The bill would also authorize the department to accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter into cooperative agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.
(1)Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Department of Parks and Recreation, on or before July 1, 2016, to prepare a report to the Legislature that fully addresses the departments energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects, as specified.
(2)Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure.
(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 2.Section 10110 of the Public Contract Code is amended to read:10110.(a)Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and Recreation, the department may authorize the carrying out of the project directly by the Department of Parks and Recreation.
(b)If the estimated total cost of any construction project or work carried out under this section exceeds fifty thousand dollars ($50,000), the Department of Parks and Recreation shall solicit bids in writing and award the work to the lowest responsible bidder or reject all bids. However, the director may authorize the Department of Parks and Recreation to carry out work in excess of fifty thousand dollars ($50,000) under the provisions of this section by day labor if the director determines, in consultation with the Director of Parks and Recreation, that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state. The Department of Parks and Recreation shall establish, by regulation, criteria to be considered by the Department of Parks and Recreation in requesting authorization from the director to perform all or part of a project by day labor.
SEC. 3.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 4.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 5.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 6.Section 5002.2 of the Public Resources Code is amended to read:5002.2.(a)(1)Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan, for the unit.
(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.
(3)The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.
(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the units classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.
(c)Notwithstanding subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis.
(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.
(f)The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.
SEC. 7.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
SEC. 8.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 9.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 2.Section 10110 of the Public Contract Code is amended to read:10110.(a)Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and Recreation, the department may authorize the carrying out of the project directly by the Department of Parks and Recreation.
(b)If the estimated total cost of any construction project or work carried out under this section exceeds fifty thousand dollars ($50,000), the Department of Parks and Recreation shall solicit bids in writing and award the work to the lowest responsible bidder or reject all bids. However, the director may authorize the Department of Parks and Recreation to carry out work in excess of fifty thousand dollars ($50,000) under the provisions of this section by day labor if the director determines, in consultation with the Director of Parks and Recreation, that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state. The Department of Parks and Recreation shall establish, by regulation, criteria to be considered by the Department of Parks and Recreation in requesting authorization from the director to perform all or part of a project by day labor.
SEC. 3.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 4.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 5.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 6.Section 5002.2 of the Public Resources Code is amended to read:5002.2.(a)(1)Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan, for the unit.
(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.
(3)The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.
(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the units classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.
(c)Notwithstanding subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis.
(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.
(f)The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.
SEC. 7.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
SEC. 8.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 9.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 2.Section 10110 of the Public Contract Code is amended to read:10110.(a)Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and Recreation, the department may authorize the carrying out of the project directly by the Department of Parks and Recreation.
(b)If the estimated total cost of any construction project or work carried out under this section exceeds seven hundred fifty thousand dollars ($750,000), ($50,000), the Department of Parks and Recreation shall solicit bids in writing and award the work to the lowest responsible bidder or reject all bids. However, the director may authorize the Department of Parks and Recreation to carry out work in excess of seven hundred fifty thousand dollars ($750,000) ($50,000) under the provisions of this section by day labor if the director determines, in consultation with the Director of Parks and Recreation, that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state. The Department of Parks and Recreation shall establish, by regulation, criteria to be considered by the Department of Parks and Recreation in requesting authorization from the director to perform all or part of a project by day labor.
SEC. 3.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 4.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 5.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 6.Section 5002.2 of the Public Resources Code is amended to read:5002.2.(a)(1)Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan, for the unit.
(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.
(3)The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.
(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the units classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.
(c)Notwithstanding subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis.
(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.
(f)The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.
SEC. 7.Section 5003.9 is added to the Public Resources Code, to read:5003.9.(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before December 1, 2016, the department shall prepare a report to the Legislature that identifies the 10 projects within units of the state park system or other property of the department that may provide the most significant greenhouse gas reductions.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 8.SEC. 7.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
SEC. 9.SEC. 8.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 10.SEC. 9.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
It is the intent of the Legislature that the Department of Parks and Recreation not compete with existing concession contracts through which comparable food and beverage services are provided to the public.
SEC. 2.SECTION 1.(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 3.SEC. 2.Section 10110 of the Public Contract Code is amended to read:10110.(a)Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and Recreation, the department may authorize the carrying out of the project directly by the Department of Parks and Recreation.
(b)If the estimated total cost of any construction project or work carried out under this section exceeds seven hundred fifty thousand dollars ($750,000), the Department of Parks and Recreation shall solicit bids in writing and award the work to the lowest responsible bidder or reject all bids. However, the director may authorize the Department of Parks and Recreation to carry out work in excess of seven hundred fifty thousand dollars ($750,000) under the provisions of this section by day labor if the director determines, in consultation with the Director of Parks and Recreation, that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state. The Department of Parks and Recreation shall establish, by regulation, criteria to be considered by the Department of Parks and Recreation in requesting authorization from the director to perform all or part of a project by day labor.
SEC. 4.SEC. 3.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 5.SEC. 4.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 6.SEC. 5.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 7.SEC. 6.Section 5002.2 of the Public Resources Code is amended to read:5002.2.(a)(1)Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan, for the unit.
(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.
(3)The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.
(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the units classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.
(c)Notwithstanding subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis.
(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.
(f)The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.
(g)Notwithstanding subdivision (a), the department may prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for park units in which minimal development may be proposed.
SEC. 8.SEC. 7.Section 5003.9 is added to the Public Resources Code, to read:5003.9.(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before December 1, 2016, the department shall prepare a report to the Legislature that identifies the 10 projects within units of the state park system or other property of the department that may provide the most significant greenhouse gas reductions.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 9.SEC. 8.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(g)The services provided pursuant to the contract will have minimal impacts on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. Those services may include, but are not limited to, mobile food and beverage services.
SEC. 10.SEC. 9.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 11.SEC. 10.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
It is the intent of the Legislature that the Department of Parks and Recreation not compete with existing concession contracts through which comparable food and beverage services are provided to the public.
SEC. 2.(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 3.Section 10110 of the Public Contract Code is amended to read:10110.(a)Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and Recreation, the department may authorize the carrying out of the project directly by the Department of Parks and Recreation.
(b)If the estimated total cost of any construction project or work carried out under this section exceeds seven hundred fifty thousand dollars ($750,000), the Department of Parks and Recreation shall solicit bids in writing and award the work to the lowest responsible bidder or reject all bids. However, the director may authorize the Department of Parks and Recreation to carry out work in excess of seven hundred fifty thousand dollars ($750,000) under the provisions of this section by day labor if the director determines, in consultation with the Director of Parks and Recreation, that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state. The Department of Parks and Recreation shall establish, by regulation, criteria to be considered by the Department of Parks and Recreation in requesting authorization from the director to perform all or part of a project by day labor.
SEC. 4.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 5.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 6.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 7.Section 5002.2 of the Public Resources Code is amended to read:5002.2.(a)(1)Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan, for the unit.
(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.
(3)The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.
(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the units classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.
(c)Notwithstanding subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan, as the case may be, plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)A general plan approved prior to July 1, 1972, may be used as the basis for development if the director finds that there has been no significant change in the resources of the unit since approval of the plan and that the plan is compatible with current policies governing development of the unit and the classification of the unit.
(d)Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis.
(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.
(f)The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.
(g)Notwithstanding subdivision (a), the department may prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for park units in which minimal development may be proposed.
SEC. 8.Section 5003.9 is added to the Public Resources Code, to read:5003.9.(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before December 1, 2016, the department shall prepare a report to the Legislature that identifies the 10 projects within units of the state park system or other property of the department that may provide the most significant greenhouse gas reductions.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 9.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(g)The services provided pursuant to the contract will have minimal impacts on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. Those services may include, but are not limited to, mobile food and beverage services.
SEC. 10.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 11.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
It is the intent of the Legislature that the Department of Parks and Recreation not compete with existing concession contracts through which comparable food and beverage services are provided to the public.
SEC. 2.(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 3.Section 10110 of the Public Contract Code is amended to read:10110.(a)Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and Recreation, the department may authorize the carrying out of the project directly by the Department of Parks and Recreation.
If
(b)If the estimated total cost of any construction project or work carried out under this section exceeds twenty-five seven hundred fifty thousand dollars ($25,000), ($750,000), the Department of Parks and Recreation shall solicit bids in writing and shall award the work to the lowest responsible bidder or reject all bids. However, the director may authorize the Department of Parks and Recreation to carry out work in excess of twenty-five seven hundred fifty thousand dollars ($25,000) ($750,000) under the provisions of this section by day labor if the director determines, in consultation with the Director of Parks and Recreation, that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state. The Department of Parks and Recreation shall establish, by regulation, criteria to be considered by the Department of Parks and Recreation in requesting authorization from the director to perform all or part of a project by day labor.
SEC. 3.SEC. 4.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 4.SEC. 5.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 5.SEC. 6.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 6.Section 5002.25 is added to the Public Resources Code, to read:5002.25.(a)The Legislature finds and declares all of the following:
(1)The development of general plans by the department is lagging far behind any reasonable schedule for completion, many existing general plans are outdated, and there is no practical ability of the department to complete its backlog of general plan development or to maintain the relevancy of adopted general plans in the future in the face of ever-changing circumstances.
(2)The conditions described in paragraph (1) should not diminish the importance of long-range planning for state parks, reduce the opportunities for public input to the department for planning, management, or development efforts, or affect the review of proposed management or development, as required by all applicable laws or regulations.
(3)An alternative approach to the general planning requirements of the department, that does not diminish public input into the operations of a state park unit or reduce in any way the evaluation of a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and any other applicable law, should be tested on a trial basis in order to assess its strengths and weaknesses.
(4)A trial approach to general planning requirements, as described in paragraph (3), should be undertaken in park units where its use would contribute to a successful partnership arrangement with a cooperating association.
(b)A lead agency responsible for the environmental analysis and review, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), of a proposed development project in a unit of the state park system may conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review pursuant to the act.
(c)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 7.Section 5002.2 of the Public Resources Code is amended to read:5002.2.(a)(1)Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan, as the case may be, for the unit.
The
(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.
The
(3)The general plan constitutes a report on a project for the purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.
(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the units classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.
(c)Notwithstanding the requirements of subdivision (a), the department is not required to prepare a general plan for a unit that has no general plan or to revise an existing plan, as the case may be, if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, so long as such if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination thereof of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d)Any A general plan approved prior to July 1, 1972, may be used as the basis for development if the director finds that there has been no significant change in the resources of the unit since approval of the plan and that the plan is compatible with current policies governing development of the unit and the classification of the unit.
(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.
(f)The department may prepare a general plan which that includes more than one unit of the state park system for units which that are in close proximity to one another and which that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.
(g)Notwithstanding subdivision (a), the department may prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan for park units in which minimal development may be proposed.
SEC. 7.SEC. 8.Section 5003.9 is added to the Public Resources Code, to read:5003.9.(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before December 1, 2016, the department shall prepare a report to the Legislature that identifies the 10 projects within units of the state park system or other property of the department that may provide the most significant greenhouse gas reductions.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 9.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is for in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(g)The services provided pursuant to the contract will have minimal impacts on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. Those services may include, but are not limited to, mobile food and beverage services.
SEC. 8.SEC. 10.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. If the department enters into an operating agreement that involves the operation of the entirety of a park unit, that agreement may be entered into pursuant to this section only to the extent that the agreement would enable the department to avoid closure of a unit or units of the state park system that may otherwise be subject to closure. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 9.SEC. 11.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)The Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into cooperative agreements agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
It is the intent of the Legislature that the Department of Parks and Recreation not compete with existing concession contracts through which comparable food and beverage services are provided to the public.
SEC. 2.(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than one million 1,000,000 hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 3.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 4.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 5.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 6.Section 5002.25 is added to the Public Resources Code, to read:5002.25.(a)The Legislature finds and declares all of the following:
(1)The development of general plans by the department is lagging far behind any reasonable schedule for completion, many existing general plans are outdated, and there is no practical ability of the department to complete its backlog of general plan development or to maintain the relevancy of adopted general plans in the future in the face of ever-changing circumstances.
(2)The conditions described in paragraph (1) should not diminish the importance of long-range planning for state parks, reduce the opportunities for public input to the department for planning, management, or development efforts, or affect the review of proposed management or development, as required by all applicable laws or regulations.
(3)An alternative approach to the general planning requirements of the department, that does not diminish public input into the operations of a state park unit or reduce in any way the evaluation of a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and any other applicable law, should be tested on a trial basis in order to assess its strengths and weaknesses.
(4)A trial approach to general planning requirements, as described in paragraph (3), should be undertaken in park units where its use would contribute to a successful partnership arrangement with a cooperating association.
(b)A lead agency responsible for the environmental analysis and review, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), of a proposed development project in a unit of the state park system may conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review pursuant to the act.
(c)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 7.Section 5003.9 is added to the Public Resources Code, to read:5003.9.(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before December 1, 2016, the department shall prepare a report to the Legislature that identifies the 10 projects within units of the state park system or other property of the department that may provide the most significant greenhouse gas reductions.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 8.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(g)The services provided pursuant to the contract will have minimal impacts on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. Those services may include, but are not limited to, mobile food and beverage services.
SEC. 9.SEC. 8.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. If the department enters into an operating agreement that involves the operation of the entirety of a park unit, that agreement may be entered into pursuant to this section only to the extent that the agreement would enable the department to avoid closure of a unit or units of the state park system that may otherwise be subject to closure. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 10.SEC. 9.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)The department may enter into cooperative agreements with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
It is the intent of the Legislature that the Department of Parks and Recreation not compete with existing concession contracts through which comparable food and beverage services are provided to the public.
SEC. 2.(a)The Legislature finds and declares all of the following:
(1)Nearly 35,000 volunteers contribute their time and energy to the Department of Parks and Recreation, thereby enhancing the experiences of visitors, complementing the work of departmental staff, and generating economic activity through their voluntary efforts at state parks.
(2)The department estimates that volunteers contribute more than one million hours each year and generate nearly twenty-five million dollars ($25,000,000) in economic value to the local and regional economies around state parks through these substantial volunteer efforts.
(3)It is the departments existing practice to offer one or more types of complimentary passes to the departments volunteers in recognition of their value-added contributions. Those complimentary passes should also be offered to the volunteers at cooperating associations in recognition of the value-added services they provide.
(b)It is the intent of the Legislature that the Department of Parks and Recreation extend the existing policies for the issuance of complimentary state park passes to persons who volunteer at state parks through cooperating associations, as defined in Section 513 of the Public Resources Code, consistent with the California State Government Volunteers Act set forth in Chapter 8.5 (commencing with Section 3110) of Division 4 of Title 1 of the Government Code.
SEC. 3.Section 513 of the Public Resources Code is amended to read:513.(a)The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.
(b)Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.
(c)A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.
(d)For purposes of this section, the following definitions apply:
(1)Cooperating association means a corporation that meets all of the following criteria:
(A)The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(B)The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.
(C)The corporation has a cooperating association program contract with the department.
(D)The corporation is in compliance with the departments policies and guidelines regarding cooperating associations and has obtained the departments approval for its educational and interpretive materials and services.
(2)Educational and interpretive materials include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.
(3)Educational and interpretive services include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.
(4)Educational and interpretive materials and services do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.
(e)The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.
(f)Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the interpretive and educational programs of the state park system unit that the cooperating association has been designated to serve.
SEC. 4.Section 5001 of the Public Resources Code is amended to read:5001.(a)The Legislature finds and declares all of the following:
(1)Californias state parks are a true reflection of our states collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events. To remain relevant now and into the future, state parks must protect Californias heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.
(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.
(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.
(b)The Department of Parks and Recreation has control of the state park system.
SEC. 5.Section 5001.2 is added to the Public Resources Code, to read:5001.2.The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.
SEC. 6.Section 5002.25 is added to the Public Resources Code, to read:5002.25.(a)The Legislature finds and declares all of the following:
(1)The development of general plans by the department is lagging far behind any reasonable schedule for completion, many existing general plans are outdated, and there is no practical ability of the department to complete its backlog of general plan development or to maintain the relevancy of adopted general plans in the future in the face of ever-changing circumstances.
(2)The conditions described in paragraph (1) should not diminish the importance of long-range planning for state parks, reduce the opportunities for public input to the department for planning, management, or development efforts, or affect the review of proposed management or development, as required by all applicable laws or regulations.
(3)An alternative approach to the general planning requirements of the department, that does not diminish public input into the operations of a state park unit or reduce in any way the evaluation of a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and any other applicable law, should be tested on a trial basis in order to assess its strengths and weaknesses.
(4)A trial approach to general planning requirements, as described in paragraph (3), should be undertaken in park units where its use would contribute to a successful partnership arrangement with a cooperating association.
(b)A lead agency responsible for the environmental analysis and review, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), of a proposed development project in a unit of the state park system may conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review pursuant to the act.
(c)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SECTION 1.SEC. 7.Section 5003.9 is added to the Public Resources Code, to read:5003.9.(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before July December 1, 2016, the department shall prepare a report to the Legislature that fully addresses the matter described in subdivision (a). identifies the 10 projects within units of the state park system or other property of the department that may provide the most significant greenhouse gas reductions.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 2.SEC. 8.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(g)The services provided pursuant to the contract will have minimal impacts on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. Those services may include, but are not limited to, mobile food and beverage services.
SEC. 9.Section 5080.42 of the Public Resources Code is amended to read:5080.42.(a)Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. If the department enters into an operating agreement that involves the operation of the entirety of a park unit, that agreement may be entered into pursuant to this section only to the extent that the agreement would enable the department to avoid closure of a unit or units of the state park system that may otherwise be subject to closure. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the departments authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions:
(1)The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2)The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement.
(3)(A)Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit.
(B)If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that units care, maintenance, operation, administration, improvement, or development.
(4)General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section.
(b)An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement.
(c)An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department.
(d)This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values.
(e)The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report.
(f)If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department.
(g)For purposes of this section, a qualified nonprofit organization is an organization that is all of the following:
(1)An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
(2)An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources.
(3)An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(h)(1)Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section.
(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(i)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 10.Section 5080.44 is added to the Public Resources Code, to read:5080.44.(a)The department may accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b)The department may enter into cooperative agreements with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1)Restoring Californias natural, historic, archaeological, recreational, and scenic resources.
(2)Training young people to be public land and resources managers and stewards for careers in public service.
(3)Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
(a)The Legislature finds and declares that the department should identify its energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects that may be eligible for funding from revenues that may be generated pursuant to a market-based compliance mechanism that may be adopted by the State Air Resources Board pursuant to Part 5 (commencing with Section 38570) of Division 25.5 of the Health and Safety Code.
(b)(1)On or before July 1, 2016, the department shall prepare a report to the Legislature that fully addresses the matter described in subdivision (a).
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.
SEC. 2.Section 5080.16 of the Public Resources Code is amended to read:5080.16.If the director determines that it is for in the best interests of the state, the director, upon giving notice to the State Park and Recreation Commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a)The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b)The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c)Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d)Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e)Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
(f)Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(g)The services provided pursuant to the contract will have minimal impacts on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure. Those services may include, but are not limited to, mobile food and beverage services.
|
Date
|
Status
|
|---|---|
| Jun 30, 2015 | From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 12. Noes 2.) (June 30). Re-referred to Com. on NAT. RES. |
| Oct 7, 2015 | Chaptered by Secretary of State. Chapter 573, Statutes of 2015. |
| Oct 7, 2015 | Approved by the Governor. |
| Sep 10, 2015 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 4, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 4, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2495.) Ordered to engrossing and enrolling. |
| Sep 3, 2015 | Read third time. Passed. (Ayes 79. Noes 0. Page 2858.) Ordered to the Senate. |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Senate. |
| Sep 3, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 2, 2015 | Read second time. Ordered to third reading. |
| Sep 1, 2015 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2015 | From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 27). |
| Jul 15, 2015 | July 15 set for first hearing. Placed on APPR. suspense file. |
| Jul 14, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 8, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 2, 2015 | Re-referred to Com. on APPR. pursuant to Assembly Rule 96. |
| Feb 11, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 24, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on W., P., & W. |
| May 14, 2015 | Referred to Coms. on W., P., & W. and NAT. RES. |
| Apr 23, 2015 | Read third time. Passed. (Ayes 35. Noes 2. Page 743.) Ordered to the Assembly. |
| Apr 23, 2015 | In Assembly. Read first time. Held at Desk. |
| Apr 21, 2015 | Read second time. Ordered to third reading. |
| Apr 20, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 15, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 10, 2015 | Set for hearing April 20. |
| Apr 9, 2015 | April 13 hearing postponed by committee. |
| Apr 2, 2015 | Set for hearing April 13. |
| Mar 24, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1. Page 406.) (March 24). Re-referred to Com. on APPR. |
| Mar 19, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 17, 2015 | Set for hearing March 24. |
| Feb 19, 2015 | Referred to Com. on N.R. & W. |
| Feb 12, 2015 | From printer. May be acted upon on or after March 14. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 4, 2015 | Unfinished Business SB204 Pavley Concurrence | Senate Floor |
Passed |
|
| Sep 3, 2015 | SB 204 Pavley Senate Third Reading By LEVINE | Assembly Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2015 | Do pass and be re-referred to the Committee on [Natural Resources] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
|
| Apr 23, 2015 | Senate 3rd Reading SB204 Pavley | Senate Floor |
Passed |
|
| Mar 24, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
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
|
|---|---|---|
| American Federation of State, County and Municipal Employees | ** Support | Sep 3, 2015 |
| American Federation of State, County, and Municipal Employees | ** Support | Sep 3, 2015 |
| Amigos de Bolsa Chica | ** Support | Sep 3, 2015 |
| California Association Of Professional Scientists | ** Support | Sep 3, 2015 |
| California Council Of Land Trusts | ** Support | Sep 3, 2015 |
| California Park & Recreation Society | ** Support | Sep 3, 2015 |
| California Parks and Recreation Society | ** Support | Sep 3, 2015 |
| California State Parks Foundation | ** Support | Sep 3, 2015 |
| Cycling Development | ** Support | Sep 3, 2015 |
| East Bay Regional Park District | ** Support | Sep 3, 2015 |
| Folsom Auburn Trail Riders Action Coalition | ** Support | Sep 3, 2015 |
| Folsom High School Bicycle Club | ** Support | Sep 3, 2015 |
| Friends of El Dorado Trail | ** Support | Sep 3, 2015 |
| Latino Outdoors | ** Support | Sep 3, 2015 |
| Loomis Basin Horsemen's Association | ** Support | Sep 3, 2015 |
| Peninsula Open Space Trust | ** Support | Sep 3, 2015 |
| Save the Redwoods League | ** Support | Sep 3, 2015 |
| Sierra Club California | ** Support | Sep 3, 2015 |
| Sonoma County Agricultural and Open Space District | ** Support | Sep 3, 2015 |
| Sonoma County Agriculture and Open Space District | ** Support | Apr 23, 2015 |
| State Park Partners Coalition | ** Support | Sep 3, 2015 |
| State Parks Partners Coalition | ** Support | Sep 3, 2015 |
| Student Conservation Association | ** Support | Sep 3, 2015 |
| Tahoe Area Mountain Biking Association | ** Support | Sep 3, 2015 |
| The Nature Conservancy | ** Support | Sep 3, 2015 |
SB 204
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 204
Amended: 9/1/15
SENATE NATURAL RES. & WATER COMMITTEE: 8-1, 3/24/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
NOES: Fuller
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 35-2, 4/23/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, De León, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Vidak, Wieckowski, Wolk
NOES: Fuller, Morrell
NO VOTE RECORDED: Cannella, Stone
ASSEMBLY FLOOR: 79-0, 9/3/15 - See last page for vote
DIGEST: This bill expands the possible role for nonprofit associations to cooperate with the Department of Parks (DPR), increases to $50,000 the exemption from the Public Contract Code for historic renovations DPR can undertake by itself, and allows management plans when necessary for code compliance as an alternative to a state park general plan.
Assembly Amendments delete a report that could have resulted in proposed projects from GGRF (cap and trade) funds and reduce the increase in the exemption from the Public Contract Code for historic renovations.
Existing law:
Establishes DPR and vests DPR with control of the state park system.
Requires DPR to prepare general plans for units of the state park system following classification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
Requires a lead agency, Pursuant to the California Environmental Quality Act, to conduct an environmental analysis and review of a project that may have a significant effect on the environment, and to prepare or cause to be prepared an environmental impact report or a negative declaration if it determines the project will not have a significant effect.
Authorizes DPR, until January 1, 2019, to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, units, or portion of a unit of the state park system.
Requires DPR, for construction projects exceeding $25,000 in costs, to solicit competitive bids and award the contract to the lowest qualified bidder. Authorizes the Director of the Department of General Services to authorize DPR to carry out work in excess of $25,000 by day labor if the director, in consultation with DPR, determines that the award of the contract through competitive bidding is not in the best interests of the state.
This bill:
Requires the Director of DPR to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations. States legislative findings and declarations regarding the importance of California's state parks to protecting the state's historical, natural and cultural heritage.
Provides with regard to state park general plans that the DPR is not required to prepare a general plan or revise an existing plan for a state park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit, and may instead prepare a management or development plan with appropriate environmental review and analysis.
Deletes the January 1, 2019, repeal date on existing law authorizing DPR to enter into agreements with qualified nonprofit organizations for operation of a state park unit, thereby extending the operation of that section indefinitely.
Deletes the limitation on nonprofit operating agreements that involve the operation of the entirety of a park unit.
Authorizes DPR to accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth. Authorizes DPR, notwithstanding other provisions of law relating to contracts for services, to enter into agreements that may involve the transfer of funds appropriated to DPR with public or nonprofit youth serving organizations to provide service and learning opportunities for young SB 204 Page 2 people by performing work on state park system programs and projects under the supervision of DPR employees, where the work is not being performed by state park employees, as specified.
States legislative findings and declarations regarding the value of volunteers in state parks, and DPR's practice of providing complimentary passes to park volunteers. States legislative intent that DPR extend such offers to persons who volunteer at state parks through cooperating associations.
Expands the types of services that cooperating associations may provide in state parks to include other materials and services that enhance the visitor experience.
Increases the existing threshold for DPR construction of historic renovation projects in the Public Contract Code to $50,000.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
According to Assembly Appropriations, increased costs for DPR (State Parks and Recreation Fund) over two years in the $225,000 range for personnel to process new cooperating association contract requests and amendments. This cost may be potentially offset by savings associated with the cooperating associations assuming more duties.
American Federation of State, County, and Municipal Employees
Amigos de Bolsa Chica
California Association of Professional Scientists
California Council of Land Trusts
California Parks and Recreation Society
California State Parks Foundation
Cycling Development
East Bay Regional Park District
Folsom Auburn Trail Riders Action Coalition
Folsom High School Bicycle Club
Friends of El Dorado Trail
Latino Outdoors
Nature Conservancy
Peninsula Open Space Trust
Save the Redwoods League
Sierra Club California
Sonoma County Agricultural and Open Space District
State Parks Partners Coalition
Student Conservation Association
Tahoe Area Mountain Biking Association
3 individuals
None received
ARGUMENTS IN SUPPORT: According to the author and supporters, this bill enacts several statutory changes designed to facilitate implementation of reforms to the state park system recommended by the Parks Forward Commission. The author indicates that the amendments to this bill were crafted after careful discussions SB 204 with the Administration and other stakeholders, and in conjunction with AB 549 (Levine), an Assembly vehicle for additional reforms at state parks. The author emphasizes that the recommendations of the Parks Forward Commission, the establishment of a Transformation Team that is active inside DPR, reform discussions by the Parks & Recreation Commission, and recommendations by key stakeholders are all converging and driving changes at DPR. The author adds that this bill continues the approach of creating ways DPR can help itself financially without sacrificing the important purposes for which state parks were created, but focuses most immediately on ways to improve and expand relationships with nonprofits, cooperating associations, and other partners. This bill also emphasizes philanthropic contributions, and non-general fund revenue such as potential cap and trade auction revenues as potential sources of funding for parks, and recommends changes in how DPR approves general plans and development plans for parks.
ASSEMBLY FLOOR: 79-0, 9/3/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, 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: Dahle
Prepared by: William Craven / N.R. & W. / (916) 651-4116
9/3/15 17:47:31
**** END ****
SB 204
Page 3
SENATE THIRD READING
SB 204
(Pavley)
As Amended September 1, 2015
Majority vote
SENATE VOTE: 35-2
Committee |
Votes |
Ayes |
Noes |
Water |
12-2 |
Levine, Bigelow, Dababneh, Dodd, Cristina Garcia, Gomez, Lopez, Mathis, Medina, Rendon, Salas, Williams |
Beth Gaines, Harper |
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Nazarian, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Declares the value of state parks to the state's historical, natural and cultural heritage, and expands and clarifies authorities of the Department of Parks & Recreation (DPR) related to state park general plans, nonprofit operating agreements, construction contracts, and youth services. Specifically, this bill:
Requires the Director of DPR to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations. States legislative findings and declarations regarding the importance of California's state parks to protecting the state's historical, natural and cultural heritage.
Provides with regard to state park general plans that the DPR is not required to prepare a general plan or revise an existing plan for a state park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit, and may instead prepare a management or development plan with appropriate environmental review and analysis.
Deletes the January 1, 2019, repeal date on existing law authorizing DPR to enter into agreements with qualified nonprofit organizations for operation of a state park unit, thereby extending the operation of that section indefinitely.
Deletes the limitation on nonprofit operating agreements that involve the operation of the entirety of a park unit.
Authorizes DPR to accept donations of real property or money from public or private sources to be used for the purpose of funding park programs to benefit youth. Authorizes DPR, notwithstanding other provisions of law relating to contracts for services, to enter into agreements that may involve the transfer of funds appropriated to DPR with public or nonprofit youth serving organizations to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of DPR employees, where the work is not being performed by state park employees, as specified.
States legislative findings and declarations regarding the value of volunteers in state parks, and DPR's practice of providing complimentary passes to park volunteers. States legislative intent that DPR extend such offers to persons who volunteer at state parks through cooperating associations.
Expands the types of services that cooperating associations may provide in state parks to include other materials and services that enhance the visitor experience.
Increases the existing threshold for DPR construction projects that are subject to competitive bidding from $25,000 in project costs to $50,000.
EXISTING LAW:
Establishes DPR and vests DPR with control of the state park system.
Requires DPR to prepare general plans for units of the state park system following classification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.
Pursuant to the California Environmental Quality Act, requires a lead agency to conduct an environmental analysis and review of a project that may have a significant effect on the environment, and to prepare or cause to be prepared an environmental impact report or a negative declaration if it determines the project will not have a significant effect.
Authorizes DPR, until January 1, 2019, to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, units, or portion of a unit of the state park system.
Requires DPR, for construction projects exceeding $25,000 in costs, to solicit competitive bids and award the contract to the lowest qualified bidder. Authorizes the director of the Department of General Services (DGS) to authorize DPR to carry out work in excess of $25,000 by day labor if the director, in consultation with DPR, determines that the award of the contract through competitive bidding is not in the best interests of the state.
FISCAL EFFECT: According to the Assembly Appropriations Committee, increased costs for DPR (State Parks and Recreation Fund) over two years in the $225,000 range for personnel to process new cooperating association contract requests and amendments. This cost may be potentially offset by savings associated with the cooperating associations assuming more duties.
COMMENTS: This bill enacts several statutory changes designed to facilitate implementation of reforms to the state park system recommended by the Parks Forward Commission. The author indicates that the amendments to this bill were crafted after careful discussions with the Administration and other stakeholders, and in conjunction with AB 549 (Levine), a pending Assembly Bill for additional reforms at state parks. The author adds that this bill seeks to provide creative ways DPR can help itself financially without sacrificing the important purposes for which state parks were created, and focuses on ways to improve and expand relationships with nonprofits, cooperating associations, and other partners. This bill also emphasizes philanthropic contributions, and recommends changes in how DPR approves general plans and development plans for parks.
The Legislature in 2012, following a time of threatened state park closures and other financial irregularities at state parks, called for creation of a multidisciplinary advisory council to conduct an independent assessment and make recommendations to the Legislature and Governor on reforms needed to ensure the long-term sustainability of the state park system. The Parks Forward Commission was appointed by the Secretary of Natural Resources to conduct that review in 2013. The Commission released its final report on January 30, 2015. The Parks Forward Commission's report includes recommendations in the following focus areas:
Recommendations for internal reforms to update and modernize DPR's budgeting processes, organizational structure, and technological capacity;
Recommendations for increasing and strengthening partnerships, including creation of a new nonprofit partner;
Expanding access and relevancy of state parks for underserved communities and youth;
Protecting and renewing California's natural and cultural heritage and addressing climate;
Identifying a stable diversified funding structure, including greater park revenue generation, and dedicated public and private funding sources;
Broadening eligibility for district superintendent positions to include other disciplines in addition to peace officer training.
The Resources Agency and Department have appointed a Transformation Team that is working on implementation of the Parks Forward Commission's recommendations. This bill and AB 549 were introduced to make statutory changes that will assist DPR in the implementation process. Key changes proposed by this bill include:
Expands the services that cooperating associations can provide in state parks.
Authorizes DPR to enter into agreements with youth-serving non-profits, including opportunities for youth to provide services in state parks.
Expands and extends existing authority for nonprofit operating agreements in parks.
Authorizes DPR to complete development plans in state parks as an alternative to a full general plan for a state park unit.
Authorizes DPR to give free park passes to volunteers of park cooperating associations.
Increases the threshold for competitive bidding requirements for park construction projects from $25,000 to $50,000. The $25,000 limit was added by statute in 1982 and has not been increased since that time.
Supporters of this bill emphasize the benefits of continuing authorization for nonprofit partnership agreements and for DPR to accept donations of real property and funding, particularly where it will be used to benefit youth and encourage youth participation in public service and park protection. Other supporters highlight the language promoting conservation of natural resources in parks. There is no opposition to this bill.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0001959
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 204
(Pavley) – As Amended July 14, 2015
Policy Committee: |
Water, Parks and Wildlife |
Vote: |
12 - 2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill clarifies and expands the authority of the Department of Parks and Recreation (DPR), and provides various modifications to the operations of state parks. Specifically, this bill:
Increases the threshold for competitive bidding requirements for park construction projects from $25,000 to $750,000.
Expands the services that cooperating associations can provide in state parks.
Expands and extends existing authority for nonprofit operating agreements in parks. Authorizes DPR to enter into agreements with youth-serving non-profits, including opportunities for youth to provide services in state parks.
Requires DPR to report on energy-related infrastructure needs in state parks that may be eligible for cap and trade revenues.
Authorizes DPR to give free park passes to volunteers of park cooperating associations.
FISCAL EFFECT:
Increased costs for DPR (State Parks and Recreation Fund) over two years in the $225,000 range for personnel to process new cooperating association contract requests and amendments. This cost may be potentially offset by savings associated with the cooperating associations assuming more duties.
COMMENTS:
Purpose. According to the author, this bill will facilitate the implementation of reforms to California's state park system recommended by the Parks Forward Commission.
This bill continues the approach of creating new ways DPR can help itself financially without compromising the important purposes for which state parks were created.
Background. In 2012, following a time of threatened state park closures and other financial irregularities at state parks, the Legislature called for creation of a multidisciplinary advisory council, to conduct an independent assessment and make recommendations on reforms necessary to ensure the long-term sustainability of the state park system. The Parks Forward Commission was subsequently appointed by the Secretary of Natural Resources to conduct that review in 2013. The Commission released its final report on January 30, 2015. The Parks Forward Commission's report includes comprehensive recommendations in numerous focus arears, including identifying a stable and diversified funding structure.
The Resources Agency and DPR appointed a Transformation Team to work on the implementation of the Parks Forward Commission's recommendations, including the provisions in this bill.
Greenhouse Gas Reductions (GHG). This bill requires DPR to identify 10 parks projects that may provide the most significant GHG reductions. The author may wish to include consultation with the Air Resources Board in order to ensure the projects provide quantifiable GHG reductions.
Recent Amendments. The most recent amendments reflected in the July 14, 2015 version of the bill:
Delete intent language regarding existing concession contracts.
Delete. the provision that provides for the preparation of management or development plans as an alternative to general plans.
Deletes provisions regarding low-impact services including mobile food and beverage services.
The author may also wish to consider reducing the competitive bidding threshold of $750,000 currently in the bill.
Related Legislation. AB 549 (Levine) enacts additional provisions expanding DPR's ability to contract with nonprofits and receive donations for the benefit of state parks. This bill is pending in the Senate.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
SB 204
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 204
Amended: 4/15/15
SENATE NATURAL RES. & WATER COMMITTEE: 8-1, 3/24/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
NOES: Fuller
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill makes several changes to the Department of Parks and Recreation (department) that have been offered by various parks stakeholders including the Parks Forward Commission, non-profit and other partners, and from discussions held among members of the California State Parks and Recreation Commission.
Vests the department 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. The department is also responsible for protecting the state park system from damage and preserving the peace.
Authorizes the department, under specified conditions, to enter into agreements with co-operating associations (often “friends” groups at a particular state park), operating agreements (through which a third party operates a state park), and concession agreements (by which a private firm provides certain services to the public).
Requires that a general plan be developed for park units and that such plans are subject to the California Environmental Quality Act.
This bill:
Requires a report on energy costs and ten top priority energy-related infrastructure needs at the department that could be eligible for cap and trade dollars.
Expands the services that nonprofit cooperating associations can provide when concessionaires are not able to provide those materials and services.
Authorizes the department to enter into agreements with youth-serving non-profits both for educational as well as restoration purposes.
Expands long-term operating agreements at parks on a limited basis at parks which are at risk for closure.
Allows, on a trial basis, a park unit general plan that does not propose a development project to have a different CEQA process than those general plans that propose development projects.
Authorizes the department to solicit private funds to establish endowments for parks with long-term operating agreements and to fund the agreements with the youth-serving non-profit organizations.
Requires that volunteers of the parks cooperating associations get the same complimentary passes as volunteers of the department.
Adds findings and declaration regarding the importance of state parks that are similar to those used by the National Park Service that would be administered by the director.
Adds a finding that the department not compete with existing concessionaire agreements with new agreements that would offer comparable food and beverage services.
Comments
Recent statutory changes that reacted to fiscal improprieties at the department established several reforms by which the department was empowered to improve its own fiscal health: the department’s authority to collect fees, rents, and other returns for the use of state parks was expanded; it was authorized to sell additional annual and regional passes and to enter a wider array of concession contracts. Those statutory changes also established a revenue generation program, added ex-officio legislative members to the California State Parks and Recreation Commission, and directed the establishment of a citizen review panel, the Parks Forward Commission, whose final report was released earlier this year. 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.
The key recommendations of the Parks Forward Commission were: 1) to create a “transformation team” within the department to improve internal procedures including technologies to assist with budgeting, planning, and project implementation; 2) to improve relationships with nonprofit and other partners; 3) to create 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; 4) to improve cultural and resource protection programs; 5) to expand access to parks including to those from park-poor and other disadvantaged communities.
NOTE: There is a drafting error in Public Resources Code Section 5080.16 that will be corrected in the Assembly. Only subdivision (g) should have been deleted.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
American Federation of State, County, and Municipal Employees
California State Parks Foundation
Save the Redwoods League
Student Conservation Association
Sonoma County Agriculture and Open Space District
OPPOSITION: (Verified 4/20/15)
None received
ARGUMENTS IN SUPPORT: According to the author, there is relief that the problems of the past several years at the Department of Parks and Recreation are becoming eclipsed by a refreshing focus on the reforms that need to be made to improve and renew the department for the benefit of the public and the visitors to state parks. The recommendations of the Parks Forward Commission, the establishment of a Transformation Team at the department, active discussions about reforms by the Parks and Recreation Commission, and recommendations by key stakeholders are all converging to make a strong case for the sorts of changes that are needed at the department. The leadership of the department and the administration has sent a strong signal of support for these reform efforts.
This bill is and will remain, if it is amended further in the Assembly, a very focused approach that offers constructive solutions to the Department of Parks that are intended to benefit most directly the nonprofit groups who volunteer at state parks across the state.
The theme of much of the recent legislation has been to create ways that the department can help itself financially without sacrificing the important purposes for which these parks were established. This bill will continue that approach but will focus most immediately on ways to improve relationships with nonprofits, cooperating associations (“friends” groups at state parks) and other partners. This bill will also emphasize greater agility at the department in obtaining funds from the private philanthropic sector as well as positioning itself to take advantage of non-general fund revenue such as potential cap and trade auction revenues. It also recommends a change in how the department approves general plans and development plans.
The Student Conservation Association believes that the addition of Sec 5080.44 will assist it in entering cooperative agreements with the department for the purposes of engaging youth to serve under park staff who would serve as mentors.
Prepared by: William Craven / N.R. & W. / (916) 651-4116
4/22/15 16:20:04
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SB 204 (Pavley) Page 5 of 5
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 204 Hearing Date: March 24, 2015
Author: |
Pavley |
|
|
Version: |
March 19, 2015 Amended |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
William Craven |
||
Subject: State parks.
BACKGROUND AND EXISTING LAW
1. The California Department of Parks and Recreation (department) 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. The department 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 the department established several reforms by which the department was empowered to improve its own fiscal health: the department’s authority to collect fees, rents, and other returns for the use of state parks was expanded; it was authorized to sell additional annual and regional passes and to enter a wider array of concession contracts. Those statutory changes also established a revenue generation program, added ex-officio legislative members to the California State Parks and Recreation Commission, and directed the establishment of a citizen review panel, the Parks Forward Commission, whose final report was released earlier this year. 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.
The key recommendations of the Parks Forward Commission were: 1) to create a “transformation team” within the department to improve internal procedures including technologies to assist with budgeting, planning, and project implementation; 2) to improve relationships with nonprofit and other partners; 3) to create 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; 4) to improve cultural and resource protection programs; 5) to expand access to parks including to those from park-poor and other disadvantaged communities.
3. The department is also authorized, under specified conditions, to enter into agreements with co-operating associations (often “friends” groups at a particular state park), operating agreements (through which a third party operates a state park), and concession agreements (by which a private firm provides certain services to the public).
4. Existing law also requires that a general plan be developed for park units and that such plans are subject to the California Environmental Quality Act.
5. In addition to the Parks Forward report, reform concepts have come from within the Department, from nonprofit and other partners, from the members of the California State Parks and Recreation Commission, and the public.
PROPOSED LAW
This bill includes several provisions that have been offered by various parks stakeholders including the Parks Forward Commission, non-profit and other partners, and from discussions held among members of the California State Parks and Recreation Commission. Its provisions would:
1. Require a report on energy costs and ten top priority energy-related infrastructure needs at the department that could be eligible for cap and trade dollars.
2. Expand the services that nonprofit cooperating associations can provide when concessionaires are not able to provide those materials and services.
3. Authorize the department to enter into agreements with youth-serving non-profits both for educational as well as restoration purposes.
4. Expand long-term operating agreements at parks on a limited basis at parks which are at risk for closure.
5. Permit, on a trial basis, a development plan at a park unit to go through a separate CEQA process than included with the CEQA analysis of a general plan for a park unit.
6. Authorize the department to solicit private funds to establish endowments for parks with long-term operating agreements and to fund the agreements with the youth-serving non-profit organizations.
7. Require that volunteers of the parks cooperating associations get the same complimentary passes as volunteers of the department.
8. Add findings and declaration regarding the importance of state parks and are similar to those used by the National Park Service that would be administered by the director.
9. Add a finding that the department not compete with existing concessionaire agreements with new agreements that would offer comparable food and beverage services.
ARGUMENTS IN SUPPORT
According to the author, there is a certain relief that the past several years of problems at the Department of Parks and Recreation are becoming eclipsed by a refreshing focus on the latest reforms that need to be made to improve and renew the department for the benefit of the public and the visitors to state parks. The recommendations of the Parks Forward Commission, the establishment of a Transformation Team at the department, active discussions about reforms by the Parks and Recreation Commission, and recommendations by key stakeholders are all converging to make a strong case for the sorts of changes that are needed at the department. The leadership of the department and the administration has sent a strong signal of support for these reform efforts.
This bill, although a work in progress, will gradually be expanded after careful discussions with the administration and other stakeholders to become a very focused approach that offers constructive solutions to the Department of Parks.
The theme of much of the recent legislation has been to create ways that the department can help itself financially without sacrificing the important purposes for which these parks were established. This bill will continue that approach but will focus most immediately on ways to improve relationships with nonprofits, cooperating associations (“friends” groups at state parks) and other partners. This bill will also emphasize greater agility at the department in obtaining funds from the private philanthropic sector as well as positioning itself to take advantage of non-general fund revenue such as potential cap and trade auction revenues. It also recommends a change in how the department approves general plans and development plans.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
1. The provision on identifying energy costs is intended by the author to attempt to focus the department on another possible revenue source for some of its unfilled maintenance needs that could also be beneficial in terms of reducing greenhouse gas emissions from state park units that may not have efficient or carbon-friendly energy plants.
2. The provision expanding agreements to youth-serving nonprofits is designed not only to offer educational experiences to these groups but also to authorize the department to have these groups undertake appropriate training and to conduct restoration activities under the supervision of the department at state parks. The bill would authorize these groups to have some training and other costs underwritten by private philanthropies or other funds as they become available. Such activities would necessarily adhere to existing employment protections of state employees.
3. Expanding the services that nonprofit cooperating associations can provide when concessionaires are not able to provide those materials and services directly addresses the call to improve relationships with nonprofits. Currently, cooperating associations as well as concessionaires may provide educational and interpretative materials. Concessionaires are also able to provide whatever they contract for with the department. Cooperating associations may be able to offer non-educational and non-interpretive materials but only when a concessionaire is not able to provide those materials or services.This provision, which requires further development, would clarify that cooperating associations may provide a fuller range of goods and services to enhance the experience of visitors. Funds generated pursuant to this provision would remain in the park in which those funds were generated.
4. The provision to expand long-term operating agreements at parks which are at risk for closure is intended to be a trial at which some of the more advanced non-profits could propose operating a park, raising necessary revenue, and thereby relieve some financial pressures on the department. Currently variations of this model at which revenues generated in these parks are retained locally are used in the Santa Cruz county parks and at the Presidio State Park in Santa Barbara. Conditions and terms of such agreements are subject to negotiation and approval by the department and this provision would sunset to provide for an assessment of its effectiveness.
5. The proposal to change the review of general plans is intended to offer a practical solution to the approval of state park general plans that do not propose any developments that would affect the environment. As the findings set forth, the current process is not sustainable. Under this proposal, all developments and all general plans that propose developments would be subject to CEQA. What would not be subject to CEQA are general plans that do not propose projects. The author needs to establish the public participation framework for general plans that do not propose development plans and the statutory framework for these more “vision-statement” type general plans.
6. The proposal to authorize the department to solicit private funds to establish endowments for parks with long-term operating agreements and to fund the agreements with the youth-serving non-profit organizations is intended to broaden possible funding streams to the department. Endowments—specifically the investment interest from endowments—have obvious appeal in those situations in which they can be developed. However, the new outside entity recommended by the Parks Forward Commission may be able to help with this, as may other donors and cooperating associations with more access to capital. The proposal is also to allow private donors to fund the agreements between the department and youth-serving organizations. This too is a proposal that may be expanded as the bill progresses. In any event, authorizing the creation of these endowments and the funding of these new youth nonprofits is a necessary first step.
7. Requiring that volunteers of the parks cooperating associations receive the same complimentary passes as volunteers of the department is a provision requested by volunteers for co-operating associations who consider it a matter of fairness and a way to enhance the volunteer experience.
8. The findings and declarations regarding the importance of state parks that would be administered by the director and that are similar to those used by the National Park Service are intended to plug a somewhat unusual hole in California law in that California does not have a general statement of policy regarding state parks. The proposed language includes all of the various sorts of parks in the state, as well as all of the traditions that are protected by these parks. It speaks to the strength of the entire state park system, not just individual parks, and it encourages the director of the department to conserve the scenery, natural and historic objects, and wild life in such means as will leave them unimpaired for the enjoyment of future generations.
9. The proposed finding that the department not compete with existing concessionaire agreements with new agreements that would offer comparable food and beverage services is a request from the state concessionaire’s organization.
SUGGESTED AMENDMENTS
AMENDMENT 1
At the appropriate time, Mr. Levine has asked to be listed as a principal co-author.
SUPPORT
American Federation of State, County and Municipal Employees
OPPOSITION
None Received
Discussed in Hearing
3MIN
Senate Floor
1MIN
Assembly Floor
5MIN
Senate Floor
5MIN
Senate Standing Committee on Natural Resources and Water
Bill Author
Bill Co-Author(s):