Existing law requires the director of the Department 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 authorizes the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law authorizes the department to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.

This bill would authorize the department to license, sell, or license and sell its branded merchandise, images, and other state-park-related merchandise, directly to the public for revenue generation, if the department is unable to obtain through good faith efforts a concession or cooperating association agreement to provide these services. The bill would authorize the department to enter into agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of department branded merchandise, images, or other state-park-related merchandise to the public. The bill would require all revenues and commissions received pursuant to these provisions to be deposited into specified funds in the State Treasury.

Existing law requires the director of the Department 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 authorizes the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law authorizes the department to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.

This bill would authorize the department to license, sell, or license and sell its branded merchandise, images, and other state-park-related merchandise, directly to the public for revenue generation, if the department is unable to obtain through good faith efforts a concession or cooperating association agreement to provide these services. The bill would authorize the department to enter into agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of department branded merchandise, images, or other state-park-related merchandise to the public. The bill would require all revenues and commissions received pursuant to these provisions to be deposited into specified funds in the State Treasury.

Existing law requires the director of the Department 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 authorizes the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law authorizes the department to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.

This bill would authorize the department to license, sell, or both its branded merchandise, images, and other state-park-related merchandise, directly to the public for revenue generation, if the department is unable to obtain through good faith efforts a concession or co-operation cooperating association agreement to provide these services. The bill would authorize the department to enter into agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of department branded merchandise, images, or other state-park-related merchandise to the public. The bill would require all revenues and commissions received pursuant to these provisions to be deposited into specified funds in the State Treasury.

Existing law requires the director of the Department 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 authorizes the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law authorizes the department to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.

This bill would authorize the department to license, sell, or both its branded merchandise, images, and other state-park-related merchandise, directly to the public for revenue generation, if the department is unable to obtain through good faith efforts a concession or co-operation agreement to provide these services. The bill would authorize the department to enter into agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of department branded merchandise, images, or other state-park-related merchandise to the public. The bill would require all revenues and commissions received pursuant to these provisions to be deposited into specified funds in the State Treasury.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2745

Author:(Carrillo)

As Amended Ver:June 4, 2018

Majority vote

Original Committee Reference: W., P., & W.

SUMMARY: Authorizes the California Department of Parks and Recreation to sell merchandize where no concession cooperating association is available.

The Senate amendments are technical in nature and to clarify the term cooperating association.

EXISTING LAW:

1. Establishes the California Department of Parks and Recreation (DPR) which operates and maintains the state park system and is responsible for administering, protecting, and developing the system. The DPR provides visitor interpretation and other services for the use and enjoyment of the public, as well as, has law enforcement responsibility at state parks. The system currently has 279 state parks.
2. Allows the DPR to enter into agreements with private entities to assist the DPR in securing long-term private funding sources for units of the state park system, and to ensure that the parks are preserved and open to the public for their use and enjoyment. DPR's authority includes but is not limited to securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.
3. Authorizes the Director of the DPR to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.
4. Requires the DPR to implement a revenue generation program within the State Parks System.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown DPR revenue increases (State Parks and Recreation Fund and Off-Highway Vehicle Trust Fund).

COMMENTS: None.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0003738

 CONSENT  

Bill No: AB 2745

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/12/18

AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes the California Department of Parks and Recreation to license or sell state park-related merchandise directly to the public for revenue generation, subject to certain conditions.

ANALYSIS:

Existing law:

1. Establishes the California Department of Parks and Recreation (DPR) which operates and maintains the state park system and is responsible for administering, protecting, and developing the system.
   1. The DPR provides visitor interpretation and other services for the use and enjoyment of the public, as well as, has law enforcement responsibility at state parks. The system currently has 279 state parks.
2. Allows the DPR to enter into agreements with private entities to assist the DPR in securing long-term private funding sources for units of the state park system, and to ensure that the parks are preserved and open to the public for their use and enjoyment.
   1. DPR's authority includes but is not limited to securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.
3. Authorizes the Director of the DPR to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.
4. Requires the DPR to implement a revenue generation program within the State Parks System.

This bill:

1. Authorizes the DPR to license or sell state park-related merchandise, directly to the public for revenue generation, where no concession co-operation is available.
   1. This may be done through agreements with individuals, public agencies, qualified nonprofits, or other private entities. DPR must receive reasonable revenues and commissions from the sales and agreements to sell merchandise.
2. Requires the DPR to obtain a good-faith effort to locate a concession or cooperating agreement to provide these services prior to direct sales.
3. Requires funds derived as a consequence of this bill at state vehicular recreation areas to be deposited to the credit of the Off-Highway Vehicle Trust Fund. For all other revenues, funds are to be deposited into the State Parks and Recreation Fund.

Comments

The goal of the bill is to improve visitor services and explore additional parks funding opportunities by allowing the DPR to sell merchandise to the public in locations without a viable cooperating association or licensed concessionaire.

Currently DPR does not have the authority to sell merchandise to the public. This is a lost opportunity to provide services to park-goers.

This bill addresses a gap in the department’s enterprise activities and allows DPR to sell merchandise, including sundries and essentials, to its parks visitors, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/2/18)

California State Parks Foundation

OPPOSITION: (Verified 7/2/18)

None received

ARGUMENTS IN SUPPORT: According to the author, AB 2745 adds statutory authority in the Public Resources Code for DPR to sell merchandise and authorize DPR to collect fees and generate revenue to support operations and maintenance of the State Parks system. This new ability allows DPR to provide visitor-serving merchandise, such as hats, t-shirts, sweaters, and pens, among many others. For example, in campground locations without a partnership, DPR is unable to sell firewood or any other basic merchandise to its visitors. This could deter some who would like to savor the experience of the outdoors to its fullest extent.

As DPR continues to explore new revenue-generating opportunities by providing these valuable services, this bill also contributes to greater fiscal sustainability. Overall, AB 2745 will expand opportunities for Californians to appreciate a precious state resource.

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

7/3/18 15:47:00

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: June 12, 2018

Subject: State parks: merchandise sales

BACKGROUND AND EXISTING LAW

1. Establishes the California Department of Parks and Recreation (DPR) which operates and maintains the state park system and is responsible for administering, protecting, and developing the system. The DPR provides visitor interpretation and other services for the use and enjoyment of the public, as well as, has law enforcement responsibility at state parks. The system currently has 279 state parks.
2. Allows the DPR to enter into agreements with private entities to assist the DPR in securing long-term private funding sources for units of the state park system, and to ensure that the parks are preserved and open to the public for their use and enjoyment. DPR's authority includes but is not limited to securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.
3. Authorizes the Director of the DPR to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.
4. Requires the DPR to implement a revenue generation program within the State Parks System.

PROPOSED LAW

This bill:

1. Authorizes the DPR to license or sell state park-related merchandise, directly to the public for revenue generation, where no concession co-operation is available. This may be done through agreements with individuals, public agencies, qualified nonprofits, or other private entities. DPR must receive reasonable revenues and commissions from the sales and agreements to sell merchandise.
2. Requires the DPR to obtain a good-faith effort to locate a concession or cooperating agreement to provide these services prior to direct sales.
3. Requires funds derived as a consequence of this bill at state vehicular recreation areas to be deposited to the credit of the Off-Highway Vehicle Trust Fund. For all other revenues, funds are to be deposited into the State Parks and Recreation Fund.

ARGUMENTS IN SUPPORT

According to the author, AB 2745 would add statutory authority in the Public Resources Code for DPR to sell merchandise and authorize DPR to collect fees and generate revenue to support operations and maintenance of the State Parks system. This new ability would allow DPR to provide visitor-serving merchandise, such as hats, t-shirts, sweaters, and pens, among many others. For example, in campground locations without a partnership, DPR is unable to sell firewood or any other basic merchandise to its visitors. This could deter some who would like to savor the experience of the outdoors to its fullest extent.

As DPR continues to explore new revenue-generating opportunities by providing these valuable services, this bill would also contribute to greater fiscal sustainability. Overall, AB 2745 will expand opportunities for Californians to appreciate a precious state resource.

COMMENTS

The goal of the bill is to improve visitor services and explore additional parks funding opportunities by allowing the DPR to sell merchandise to the public in locations without a viable cooperating association or licensed concessionaire.

Currently DPR does not have the authority to sell merchandise to the public. This is a lost opportunity to provide services to park-goers.

This bill addresses a gap in the department’s enterprise activities and would allow DPR to sell merchandise, including sundries and essentials, to its parks visitors, as specified.

ARGUMENTS IN OPPOSITION

None received.

SUPPORT

California State Parks Foundation

OPPOSITION

None Received

-- END --

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2745

Author:(Carrillo) – As Introduced Ver:February 16, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the Department of Parks and Recreation (DPR) to sell merchandise if the department is unable to obtain a concession or co-operation agreement to provide those services. Specifically, this bill:

1. Authorizes DPR to license and/or sell its branded merchandise, images, and other parks-related merchandise directly to the public for revenue generation.
2. Requires the DPR to attempt, through a good faith effort, to locate a concession or cooperating agreement to provide these services prior to commencing direct sales.
3. Requires revenues and commissions received by DPR at state vehicular recreation areas to be deposited to the credit of the Off-Highway Vehicle Trust Fund (OHV Trust Fund). For all other revenues, revenues and commissions are required to be deposited into the State Parks and Recreation Fund (SPRF).

FISCAL EFFECT:

Unknown DPR revenue increases (SPRF and OHV Trust Fund).

COMMENTS:

1. Purpose. The purpose of this bill is to improve visitor services and explore additional parks revenue generating opportunities by allowing DPR to sell merchandise to the public in locations that do not have a viable cooperating association or concessionaire partner.
2. Background. Under existing law, DPR is required to develop an annual revenue generation program that is assigns a target to each district under the control of DPR. The DPR Director establishes the revenue generation targets for each district and uses a mission-based budgeting system to bring the park units under a more sustainable and balanced budget.

This bill addresses a gap where other concessions and partnerships are not available to provide services by allowing DPR staff to generate revenue by selling merchandise, including sundries and essentials, to park visitors.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 2745 (

Author:Carrillo) – As Introduced Ver:February 16, 2018

SUBJECT: State parks: merchandise sales

SUMMARY: Authorizes the California Department of Parks and Recreation to sell merchandize where no concession co-operation is available. Specifically, this bill:

1. Authorizes the DPR to license and/or sell state parks-related merchandise, directly to the public for revenue generation.
2. Requires the DPR to obtain a good-faith effort to locate a concession or cooperating agreement to provide these services prior to direct sales.
3. Requires funds derived as a consequence of this bill at state vehicular recreation areas to be deposited to the credit of the Off-Highway Vehicle Trust Fund. For all other revenues, funds are to be deposited into the State Parks and Recreation Fund.

EXISTING LAW:

1. Establishes the California Department of Parks and Recreation (DPR) which operates and maintains the state park system and is responsible for administering, protecting, and developing the system. The DPR provides visitor interpretation and other services for the use and enjoyment of the public, as well as, has law enforcement responsibility at state parks. The system currently has 279 state parks.
2. Allows the DPR to enter into agreements with private entities to assist the DPR in securing long-term private funding sources for units of the state park system, and to ensure that the parks are preserved and open to the public for their use and enjoyment. DPR's authority includes but is not limited to securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.
3. Authorizes the Director of the DPR to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system.
4. Requires the DPR to implement a revenue generation program within the State Parks System.

FISCAL EFFECT: Unknown

COMMENTS: This bill authorizes the California Department of Parks and Recreation to sell merchandize where no concession co-operation is available.

Author’s Statement:

AB 2745 would add statutory authority in the Public Resources Code for the DPR to sell merchandise and authorize the DPR to collect fees and generate revenue to support operations and maintenance of the State Parks System. This new ability would allow the DPR to provide visitor-serving merchandise, such as hats, t-shirts, sweaters, and pens, among many others. For example, in campground locations without a partnership, the DPR is unable to sell firewood or any other basic merchandise to our visitors. This could deter some who would like to savor the experience of the outdoors to its fullest extent.

As the DPR continues to explore new revenue-generating opportunities by providing these valuable services, this desired authority would also contribute to greater fiscal sustainability. Overall, AB 2745 will expand opportunities for Californians to appreciate a precious state resource.

Background and Purpose: The goal of the bill is to improve visitor services and explore additional parks funding opportunities by allowing the DPR to sell merchandise to the public in locations without a viable cooperating association or concessionaire partner.

Currently the DPR does not have the authority to sell merchandise to the public. Historically, the DPR has established partnerships with cooperating associations or concessionaires to provide these services. However, there are many locations throughout the State Parks System without cooperating associations or concessionaires to provide these desired visitor services. This is a lost opportunity to provide services to park-goers that would enjoy the state parks system.

Under existing law, the DPR is required to develop a revenue generation program that, starting in 2014, and updating annually, is required to assign a revenue generation target to each district under the control of the DPR. The Director of the DPR has, over the past four years, both established the revenue generation targets for each district, and has also embraced a mission-based budgeting system, bringing the DPR park units under a more sustainable and balanced budget.

An important part of a sustainably funded, budget-focused and enterprising State Parks System, are the partnerships and outward face of the DPR. Many times, visitors of the system do not realize that the campground, visitor center or other retail-style locations are hosted and managed by concessionaires and DPR partners. These relationships are a key element of the overall management of the system.

This bill addresses a gap in the enterprise-focused DPR by, only where other concessions and partnerships are not available to provide these services, would allow the DPR staff to sell merchandise, including sundries and essentials, to its parks visitors.

Related Legislation:

AB 1504 (Cooley), Chapter 230, Statutes of 2017, added conditions for negotiating or re-negotiating state parks concession agreements, including adjustments to accommodate drought, restricted access, fire, among other things.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Parks Foundation

Opposition

None on file

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096