BILL NUMBER: AB 594 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Hueso
FEBRUARY 20, 2013
An act to amend Sections 541.5 , 5007, 5010.6, and
5080.42 of the Public Resources Code, relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 594, as amended, Hueso. State parks: operating
agreements. agreements: park closures.
(1) Existing law requires the Department of Parks and Recreation
to achieve any required budget reductions by closing, partially
closing, and reducing services at selected units of the state park
system.
This bill would instead state that it is the intent of the
Legislature that the department consistently operate the state park
system, as specified. This bill would state that it is the intent of
the Legislature, if budget reductions necessitate changes to the
continued operation of state park units, that the department achieve
any required budget reductions by implementing efficiencies and
increasing revenue collection or reducing services and that full park
closures only be considered as a last option, as provided. The bill
would require, for any park units proposed for closure on or after
July 1, 2014, that the department document and publicly disclose,
among other things, the methodology used to evaluate and select the
park units proposed for closure.
Existing law requires the department to select park units for
closure based on certain factors, including factors related to rate
of visitation and proximity to other closed park units.
This bill would require that the rate of visitation be measured
not only based on the raw number of visitations to the park unit, but
also to the extent to which the total capacity of the park unit is
used. The bill would eliminate the factor relating to significant
operational efficiencies to be gained from closing a unit based on
its proximity to other closed park units. In addition, the bill would
add additional factors for consideration, including the extent to
which closure of a unit would increase public safety hazards or
impair the state's ability to protect iconic natural and historical
resources.
The bill would require the State Parks and Recreation Commission
to hold a public hearing on any park unit closures that are proposed
by the department on or after July 1, 2014.
Existing
(2) Existing law prohibits the
Department of Parks and Recreation department
from closing or proposing to close a state park in the
2012-2013 or 2013-2014 fiscal year. Existing law authorizes the
department to enter into an operating agreement with a qualified
nonprofit organization for the purposes of operating the entirety of
a park unit, as identified by the director of the department, to the
extent the operating 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.
This bill would provide that the prohibition to close, or propose
to close, a state park in the 2012-13 or 2013-14 fiscal year does not
limit or affect the department's authority to enter into an
operating agreement during the 2012-13 or 2013-14 fiscal year, for
purposes of the operation of the entirety of a state park, as agreed
to by the director, during the 2012-13 or 2013-14 fiscal year.
(3) Existing law establishes the State Parks Revenue Incentive
Subaccount in the State Parks and Recreation Fund. Existing law
continuously appropriates moneys in the account to the department to
create incentives for projects that are consistent with the mission
of the department and generate revenue, as provided.
This bill would specify that projects referred to above include,
but are not limited to, capitol outlay projects.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 541.5 of the Public Resources Code is amended
to read:
541.5. (a) The department shall not close, or propose to close, a
state park in the 2012-13 or 2013-14 fiscal year. The commission and
the department shall recommend all necessary steps to establish a
sustainable funding strategy for the department to the Legislature on
or before January 1, 2015.
(b) There is hereby appropriated twenty million five hundred
thousand dollars ($20,500,000) to the department from the State Parks
and Recreation Fund, which shall be available for encumbrance for
the 2012-13 and 2013-14 fiscal years, to be expended as follows:
(1) Ten million dollars ($10,000,000) shall be available to
provide for matching funds pursuant to subdivision (c).
(2) Ten million dollars ($10,000,000) shall be available for the
department to direct funds to parks that remain at risk of closure or
that will keep parks open during the 2012-13 and 2013-14 fiscal
years. Priority may be given to parks subject to a donor or operating
agreement or other contractual arrangement with the department.
(3) Up to five hundred thousand dollars ($500,000) shall be
available for the department to pay for ongoing audits and
investigations as directed by the Joint Legislative Audit Committee,
the office of the Attorney General, the Department of Finance, or
other state agency.
(c) The department shall match on a dollar-for-dollar basis all
financial contributions contributed by a donor pursuant to an
agreement for the 2012-13 fiscal year for which the department
received funds as of July 31, 2013, and for agreements entered into
in the 2013-14 fiscal year. These matching funds shall be used
exclusively in the park unit subject to those agreements.
(d) The department shall notify the Joint Legislative Budget
Committee in writing not less than 30 days prior to the expenditure
of funds under this section of the funding that shall be expended,
the manner of the expenditure, and the recipient of the expenditure.
(e) The prohibition to close, or propose to close, a state park in
the 2012-13 or 2013-14 fiscal year, pursuant to paragraph (a), does
not limit or affect the department's authority to enter into an
operating agreement, pursuant to Section 5080.42, during the 2012-13
or 2013-14 fiscal year, for purposes of the operation of the entirety
of a state park during the 2012-13 or 2013-14 fiscal year.
SEC. 2. Section 5007 of the Public
Resources Code is amended to read:
5007. (a) The It is the intent of the
Legislature that the department shall
consistently operate the state park system to preserve public acc
ess and provide protection of natural, cultural, and
historic resources. If budget reductions necessitate changes to the
continued operation of state park units, it is the intent of the
Legislature that the department achieve any
required budget reductions by closing, partially closing,
and implementing efficiencies and increasing revenue
collection, or reducing services at selected units of the state
park system. For purposes of this section, "required budget
reductions" means the amount of funds appropriated in the annual
Budget Act to the department that is less than the amount necessary
to fully operate the 2010 level of 278 units of the state park
system. The system, and that full park closures only
be considered as a last option to address required budget reductions
after all other feasible alternatives, including, but not limited to,
entering into operating agreements with qualified
nonprofit entities and local governments have been explored.
(b) For any park unit proposed for
closure on or after July 1, 2014, the department shall
document and publicly disclose the methodology, rationale, and
scoring system used to evaluate and select park units proposed for
closure, and shall select the any
units proposed to be closed based solely on all of the
following factors:
(1) The relative statewide significance of each park unit,
preserving to the extent possible, parks identified in the department'
s documents including "Outstanding and Representative Parks," the
"California State History Plan," and the "California State Parks
Survey of 1928."
(2) The rate of visitation to each unit, to minimize impacts to
visitation in the state park system. Visitation shall be
measured not only based on the raw number of visitations to the unit,
but also to the extent that the total capacity of the unit is used.
(3) (A) The estimated net savings from closing each unit, to
maximize savings to the state park system.
(B) For purposes of this subdivision, "net savings" means the
estimated costs of operation for the unit less the unit's projected
revenues and less the costs of maintaining the unit after it is
closed.
(4) The feasibility of physically closing each unit.
(5) The existence of, or potential for, partnerships that can help
support each unit, including concessions and both
for-profit and public and nonprofit partners
and concessions .
(6) Significant operational efficiencies to be gained from closing
a unit based on its proximity to other closed units where the units
typically share staff and other operating resources.
(7)
(6) Significant and costly infrastructure deficiencies
affecting key systems at each unit so that continued operation of the
unit is less cost effective relative to other units.
(8)
(7) Recent or funded infrastructure investments at a
unit.
(9)
(8) Necessary but unfunded capital investments at a
unit.
(10)
(9) Deed restrictions and grant requirements applicable
to each unit.
(11)
(10) The extent to which there are substantial
dedicated funds for the support of the unit that are not appropriated
from the General Fund.
(11) The extent to which the closure of a park unit would impact
local and regional economies, or disproportionately impact one region
of the state over another.
(12) The extent to which the closure of a park unit would limit
availability of facilities that are compliant with the Americans with
Disabilities Act of 1990 and subsequent amendments to the act.
(13) The extent to which closure of a park unit would impair
firefighter access to water resources or otherwise increase fire
risk.
(14) The extent to which closure of a park unit would increase
public safety hazards or impair the state's ability to protect iconic
natural and historical resources.
(c) The commission shall hold a public hearing on any park unit
closures that are proposed by the department on or after July 1,
2014, and information gathered at the hearing shall be considered by
the department before any final decisions regarding proposed park
unit closures.
(b)
(d) Notwithstanding Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code, a public entity or a
public employee is not liable for injury or damage caused by a
condition of public property located in, or injury or damage
otherwise occurring in, or arising out of an activity in, a state
park system unit that is designated as closed by the department
pursuant to subdivision (a), except for conduct that constitutes
gross negligence or is wanton or reckless. This immunity shall apply
notwithstanding the fact that the public has access, whether invited
or uninvited, to the state park system unit, and notwithstanding that
the department may take actions such as patrols, inspections,
maintenance, and repairs necessary to protect the state park system
unit facilities and resources from deterioration, damage, or
destruction. This immunity shall apply only to units of the state
park system that are designated as closed pursuant to subdivision (a)
and shall not apply to units that are partially closed or subject to
service reductions but not closure. The closed units shall be
maintained in a list by the department and the list shall be made
publicly available and posted on the department's Internet Web site.
The list shall include the date the unit is considered closed. The
immunity provided by this subdivision does not limit any other
immunity or immunities available to a public entity or a public
employee. The governmental immunity provided in this section does not
apply to a third party or entity that has reopened a park listed as
closed pursuant to subdivision (a). The immunity shall continue to
apply to the state.
SEC. 3. Section 5010.6 of the Public
Resources Code is amended to read:
5010.6. (a) For purposes of this section, "subaccount" means the
State Parks Revenue Incentive Subaccount created pursuant to this
section.
(b) The State Parks Revenue Incentive Subaccount is hereby created
within the State Parks and Recreation Fund and the Controller shall
annually transfer fifteen million three hundred forty thousand
dollars ($15,340,000) from the State Parks and Recreation Fund to the
subaccount.
(c) Notwithstanding Section 13340 of the Government Code, the
funds in the subaccount are hereby continuously appropriated to the
department to create incentives for projects , including, but
not limited to, capitol outlay projects, that are
consistent with the mission of the department and that generate
revenue, except the department shall not expend from the subaccount
more than eleven million dollars ($11,000,000) annually pursuant to
Section 5003.
(d) The Office of State Audits and Evaluations shall review the
activities funded from the subaccount pursuant to subdivision (c) to
ensure appropriate internal controls are in place. The department
shall reimburse the Office of State Audits and Evaluations from the
subaccount for any costs related to the review.
(e) The revenue generated from projects funded by the subaccount
shall be deposited in the subaccount and are continuously
appropriated for expenditure by the department in accordance with the
following:
(1) At least 50 percent of the revenue generated shall be expended
in the district of the department that earned that revenue, as an
incentive for revenue generation.
(2) The remaining revenue may be expended by the department
pursuant to subdivision (c), including, but not limited to, for
expenditure pursuant to Section 5003.
(f) The funds in the subaccount shall be available for encumbrance
and expenditure until June 30, 2014, and for liquidation until June
30, 2016.
(g) This section shall become inoperative on June 30, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. SEC. 4. 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
department's 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 unit's care,
maintenance, operation, administration, improvement, or development.
(4) No 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.