Amended in Senate August 14, 2013

Amended in Senate August 12, 2013

Amended in Senate July 1, 2013

Amended in Senate June 18, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 10, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 594


Introduced by Committee on Water, Parks and Wildlife (Assembly Members Rendon (Chair), Allen, Bigelow, Blumenfield, Bocanegra, Dahle, Fong, Frazier, Beth Gaines, Gatto, Patterson, and Yamada)

(Principal coauthor: Senator Hueso)

February 20, 2013


An act to amend Sections 541.5, 5007, 5010.6,begin insert 5010.7,end insert and 5080.42 of the Public Resources Code, relating to state parks, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 594, as amended, Committee on Water, Parks and Wildlife. State parks: operating 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 solely on certain factors, including factors related to rate of visitation and proximity to other closed park units.

This bill would, among other things, require that the rate of visitation be measured not only based on the raw number of visitations to the park unit, but also the extent to which the total capacity of the park unit is used. The bill would eliminate proximity to other closed park units as a factor for closure. 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.

(2) Existing law prohibits the department from closing or proposing to close a state park in the 2012-13 or 2013-14 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, capital outlay projects.

begin insert

(4) Existing law requires the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law requires the incremental revenue generated by the revenue generation program to be deposited into the State Parks and Recreation Fund and transferred to the California State Park Enterprise Fund, as provided, once revenue targets have been met and the excess revenue is identified. Existing law further requires the department to allocate 50% of the total amount of revenues deposited into the California State Park Enterprise Fund, generated by a park district to that district if the amount of revenues generated exceeds the targeted revenue amount prescribed in the revenue generation program and requires the department to use 50% of the funds deposited into the California State Park Enterprise Fund for specific purposes.

end insert
begin insert

This bill would instead require that the incremental revenue generated by the program that is to be deposited into the State Parks and Recreation Fund be transferred instead to the State Parks Revenue Incentive Subaccount, rather than the California State Park Enterprise Fund, and would retain the same requirements for the allocation to a district and use of the revenues as described above. The bill would require the department to report to the Legislature, commencing on July 1, 2014, and annually on or before each July 1 thereafter, on the revenue distributed to each district.

end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 541.5 of the Public Resources Code is
2amended to read:

P4    1

541.5.  

(a) The department shall not close, or propose to close,
2a state park in the 2012-13 or 2013-14 fiscal year. The commission
3and the department shall recommend all necessary steps to establish
4a sustainable funding strategy for the department to the Legislature
5on or before January 1, 2015.

6(b) There is hereby appropriated twenty million five hundred
7thousand dollars ($20,500,000) to the department from the State
8Parks and Recreation Fund, which shall be available for
9encumbrance for the 2012-13 and 2013-14 fiscal years, to be
10expended as follows:

11(1) Ten million dollars ($10,000,000) shall be available to
12provide for matching funds pursuant to subdivision (c).

13(2) Ten million dollars ($10,000,000) shall be available for the
14department to direct funds to parks that remain at risk of closure
15or that will keep parks open during the 2012-13 and 2013-14 fiscal
16years. Priority may be given to parks subject to a donor or operating
17agreement or other contractual arrangement with the department.

18(3) Up to five hundred thousand dollars ($500,000) shall be
19available for the department to pay for ongoing audits and
20investigations as directed by the Joint Legislative Audit Committee,
21the office of the Attorney General, the Department of Finance, or
22other state agency.

23(c) The department shall match on a dollar-for-dollar basis all
24financial contributions contributed by a donor pursuant to an
25agreement for the 2012-13 fiscal year for which the department
26received funds as of July 31, 2013, and for agreements entered
27into in the 2013-14 fiscal year. These matching funds shall be
28used exclusively in the park unit subject to those agreements.

29(d) The department shall notify the Joint Legislative Budget
30Committee in writing not less than 30 days prior to the expenditure
31of funds under this section of the funding that shall be expended,
32the manner of the expenditure, and the recipient of the expenditure.

33(e) The prohibition to close, or propose to close, a state park in
34the 2012-13 or 2013-14 fiscal year, pursuant to paragraph (a),
35does not limit or affect the department’s authority to enter into an
36operating agreement, pursuant to Section 5080.42, during the
372012-13 or 2013-14 fiscal year, for purposes of the operation of
38the entirety of a state park during the 2012-13 or 2013-14 fiscal
39year.

P5    1

SEC. 2.  

Section 5007 of the Public Resources Code is amended
2to read:

3

5007.  

(a) It is the intent of the Legislature that the department
4consistently operate the state park system to preserve public access
5and provide protection of natural, cultural, and historic resources.
6If budget reductions necessitate changes to the continued operation
7of state park units, it is the intent of the Legislature that the
8department achieve required budget reductions by implementing
9efficiencies and increasing revenue collection, or reducing services
10at selected units of the state park system, and that full park closures
11only be considered as a last option to address required budget
12reductions after all other feasible alternatives, including, but not
13limited to, entering into operating agreements with qualified
14nonprofit entities and local governments have been explored.

15(b) For any park unit proposed for closure on or after July 1,
162014, the department shall document and publicly disclose the
17methodology, rationale, and scoring system used to evaluate and
18select park units proposed for closure, and shall select any units
19proposed to be closed based on consideration of all of the following
20factors:

21(1) The relative statewide significance of each park unit,
22preserving to the extent possible, parks identified in the
23department’s documents including “Outstanding and
24Representative Parks,” the “California State History Plan,” and
25the “California State Parks Survey of 1928.”

26(2) The rate of visitation to each unit, to minimize impacts to
27visitation in the state park system. Visitation shall be measured
28not only based on the raw number of visitations to the unit, but
29also to the extent that the total capacity of the unit is used.

30(3) (A) The estimated net savings from closing each unit, to
31maximize savings to the state park system.

32(B) For purposes of this subdivision, “net savings” means the
33estimated costs of operation for the unit less the unit’s projected
34revenues and less the costs of maintaining the unit after it is closed.

35(4) The feasibility of physically closing each unit.

36(5) The existence of, or potential for, partnerships that can help
37support each unit, including public and nonprofit partners and
38concessions.

39(6) Significant operational efficiencies to be gained by closing
40a unit.

P6    1(7) Significant and costly infrastructure deficiencies affecting
2key systems at each unit so that continued operation of the unit is
3less cost effective relative to other units.

4(8) Recent or funded infrastructure investments at a unit.

5(9) Necessary but unfunded capital investments at a unit.

6(10) Deed restrictions and grant requirements applicable to each
7unit.

8(11) The extent to which there are substantial dedicated funds
9for the support of the unit that are not appropriated from the
10General Fund.

11(12) The extent to which the closure of a park unit would
12disproportionately impact one community or region of the state
13over another, based on existing information readily available to
14the department. Nothing in this paragraph is intended to require
15the department to prepare, or contract for the preparation of, new
16studies or research to obtain information or analysis not already
17readily available to the department with existing resources.

18(13) The extent to which the closure of a park unit would limit
19availability of facilities within state parks that are compliant with
20the Americans with Disabilities Act of 1990 and subsequent
21amendments to the act.

22(14) The extent to which closure of a park unit would impair
23firefighter access to water resources or otherwise increase fire risk.

24(15) The extent to which closure of a park unit would increase
25public safety hazards or impair the state’s ability to protect iconic
26natural and historical resources.

27(c) The commission shall hold a public hearing on any park unit
28closures that are proposed by the department on or after July 1,
292014, and information gathered at the hearing shall be considered
30by the department before any final decision regarding the proposed
31closure of a park unit.

32(d) Notwithstanding Division 3.6 (commencing with Section
33810) of Title 1 of the Government Code, a public entity or a public
34employee is not liable for injury or damage caused by a condition
35of public property located in, or injury or damage otherwise
36occurring in, or arising out of an activity in, a state park system
37unit that is designated as closed by the department pursuant to
38subdivision (a), except for conduct that constitutes gross negligence
39or is wanton or reckless. This immunity shall apply notwithstanding
40the fact that the public has access, whether invited or uninvited,
P7    1to the state park system unit, and notwithstanding that the
2department may take actions such as patrols, inspections,
3maintenance, and repairs necessary to protect the state park system
4unit facilities and resources from deterioration, damage, or
5destruction. This immunity shall apply only to units of the state
6park system that are designated as closed pursuant to subdivision
7(a) and shall not apply to units that are partially closed or subject
8to service reductions but not closure. The closed units shall be
9maintained in a list by the department and the list shall be made
10publicly available and posted on the department’s Internet Web
11site. The list shall include the date the unit is considered closed.
12The immunity provided by this subdivision does not limit any
13other immunity or immunities available to a public entity or a
14public employee. The governmental immunity provided in this
15section does not apply to a third party or entity that has reopened
16a park listed as closed pursuant to subdivision (a). The immunity
17shall continue to apply to the state.

18

SEC. 3.  

Section 5010.6 of the Public Resources Code is
19amended to read:

20

5010.6.  

(a) For purposes of this section, “subaccount” means
21the State Parks Revenue Incentive Subaccount created pursuant
22to this section.

23(b) The State Parks Revenue Incentive Subaccount is hereby
24created within the State Parks and Recreation Fund and the
25Controller shall annually transfer fifteen million three hundred
26forty thousand dollars ($15,340,000) from the State Parks and
27Recreation Fund to the subaccount.

28(c) Notwithstanding Section 13340 of the Government Code,
29the funds in the subaccount are hereby continuously appropriated
30to the department to create incentives for projects, including, but
31not limited to, capital outlay projects, that are consistent with the
32mission of the department and that generate revenue, except the
33department shall not expend from the subaccount more than eleven
34million dollars ($11,000,000) annually pursuant to Section 5003.

35(d) The Office of State Audits and Evaluations shall review the
36activities funded from the subaccount pursuant to subdivision (c)
37to ensure appropriate internal controls are in place. The department
38shall reimburse the Office of State Audits and Evaluations from
39the subaccount for any costs related to the review.

P8    1(e) The revenue generated from projects funded by the
2subaccount shall be deposited in the subaccount and are
3continuously appropriated for expenditure by the department in
4accordance with the following:

5(1) At least 50 percent of the revenue generated shall be
6expended in the district of the department that earned that revenue,
7as an incentive for revenue generation.

8(2) The remaining revenue may be expended by the department
9pursuant to subdivision (c), including, but not limited to, for
10expenditure pursuant to Section 5003.

11(f) The funds in the subaccount shall be available for
12encumbrance and expenditure until June 30, 2014, and for
13liquidation until June 30, 2016.

14(g)  This section shall become inoperative on June 30, 2016,
15and, as of January 1, 2017, is repealed, unless a later enacted
16statute, that becomes operative on or before January 1, 2017,
17deletes or extends the dates on which it becomes inoperative and
18is repealed.

19begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 5010.7 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
20amended to read:end insert

21

5010.7.  

(a) The department shall develop a revenue generation
22program as an essential component of a long-term sustainable park
23funding strategy. On or before October 1, 2012, the department
24shall assign a two-year revenue generation target to each district
25under the control of the department. The revenue target may be
26amended annually for subsequent years, beginning in the 2015-16
27fiscal year. The department shall develop guidelines for districts
28to report the use of funds generated by the revenue generation
29program, and shall post information and copies of the reports on
30its Internet Web site.

31(b) The California State Park Enterprise Fund is hereby created
32in the State Treasury as a working capital fund, and the revenue
33shall be available to the department upon appropriation by the
34Legislature, for the expenditures for the purposes specified in this
35section and shall be available for encumbrance and expenditure
36until June 30, 2014, and for liquidation until June 30, 2016.

37(c) The incremental revenue generated by the revenue generation
38program developed pursuant to subdivision (a) shall be deposited
39into the State Parks and Recreation Fund. Revenue identified as
40being in excess of the revenue targets shall be transferred to the
P9    1begin delete California State Park Enterprise Fundend deletebegin insert State Parks Revenue
2Incentive Subaccount, established pursuant to Section 5010.6,end insert
on
3or before June 1, annually.

4(d) Moneys appropriated to the department pursuant to
5subdivision (b) and Section 5010.6 shall be expended as follows:

6(1) (A) The department shall allocate 50 percent of the total
7amount of revenues deposited into thebegin delete California State Park
8Enterprise Fundend delete
begin insert State Parks Revenue Incentive Subaccountend insert
9 pursuant to subdivision (c), generated by a park district to that
10district if the amount of revenues generated exceeds the targeted
11revenue amount prescribed in the revenue generation program.
12The revenues to be allocated to a park district that fails to achieve
13the revenue target shall remain in the fund.

14(B) With the approval of the director, each district shall use the
15funds it receives from the department from the revenue generation
16program to improve the parks in that district through revenue
17generation programs and projects and other activities that will
18assist in the district’s revenue generation activities, and the
19programs, projects, and other activities shall be consistent with
20the mission and purpose of each unit and with the plan developed
21for the unit pursuant to subdivision (a) of Section 5002.2.

begin insert

22(C) The department shall report to the Legislature, commencing
23on July 1, 2014, and annually on or before each July 1 thereafter,
24on the revenue distributed to each district pursuant to this section.

end insert

25(2) The department shall use 50 percent of the funds deposited
26into thebegin delete California State Park Enterprise Fundend deletebegin insert State Parks Revenue
27Incentive Subaccountend insert
pursuant to subdivision (c) for the following
28purposes:

29(A) To fund the capital costs of construction and installation of
30new revenue and fee collection equipment and technologies and
31other physical upgrades to existing state park system lands and
32facilities.

33(B) For costs of restoration, rehabilitation, and improvement of
34the state park system and its natural, historical, and visitor-serving
35resources that enhance visitation and are designed to create
36opportunities to increase revenues.

37(C) For costs to the department to implement the action plan
38required to be developed by the department pursuant to Section
395019.92 of the Public Resources Code.

P10   1(D) To establish a revolving loan program pursuant to
2subdivision (e).

3(e) (1) The department shall establish a revolving loan program
4and prepare guidelines establishing a process for those districts
5that receive moneys under paragraph (1) of subdivision (d) to apply
6for funds that exceed the amount of funds provided to the districts
7pursuant to paragraph (1) of subdivision (d). It is the intent of the
8Legislature that the revolving loan program fund only those
9projects that will contribute to the success of the department’s
10revenue generation program and the continual growth of the fund
11over time. Districts may apply for funds for capital projects,
12personnel, and operations that are consistent with this subdivision,
13including the costs of preparing an application. The department
14shall provide an annual accounting to the Department of Finance
15and the relevant legislative committees of the use of those funds
16in accordance with the purposes outlined in Proposition 40 (the
17California Clean Water, Clean Air, Safe Neighborhood Parks, and
18Coastal Protection Bond Act of 2002 (Chapter 1.696 (commencing
19with Section 5096.600) of Division 5) and Proposition 84 (the Safe
20Drinking Water, Water Quality and Supply, Flood Control, River
21and Coastal Protection Bond Act of 2006 (Division 43
22(commencing with Section 75001)), voter-approved bond acts.

23(2) The guidelines prepared pursuant to paragraph (1) shall
24require that applications for funding include all of the following:

25(A) A clear description of the proposed use of funds, including
26maps and other drawings, as applicable.

27(B) A market analysis demonstrating demand for the project or
28service.

29(C) The projected lifespan of the project, which must be at least
3020 years for a proposed capital project.

31(D) A projection of revenues, including the specific assumptions
32for annual income, fees, occupancy rates, pricing, and other
33relevant criteria upon which the projection is based.

34(E) A projection of costs, including, but not limited to, design,
35planning, construction, operation, staff, maintenance, marketing,
36and information technology.

37(F) The timeframe for implementation, including all necessary
38reviews and permitting.

39(G) The projected net return on investment of the life of the
40project.

P11   1(H) Provisions providing for mandatory reporting on the project
2by districts to the department.

3(f) The department shall rank all of the proposals and award
4loans for projects or other activities to districts based on the
5following criteria, as well as other considerations that the
6department considers relevant:

7(1) Return on investment.

8(2) Length of time for implementation.

9(3) Length of time for the project debt to be retired.

10(4) Percentage of total project costs paid by the district or by a
11source of matching funds.

12(5) Annual operating costs.

13(6) Capacity of project to improve services or park experiences,
14or both, for park visitors.

15(g) The funds generated by the revenue generation program
16shall not be used by the department to expand the park system,
17unless there is significant revenue generation potential from such
18an expansion.

19(h) Notwithstanding Section 5009, moneys received by the
20department from private contributions and other public funding
21sources may also be deposited into the California State Park
22Enterprise Fund for use for the purposes of subdivision (c) and
23subdivision (d).

24(i) The department shall provide all relevant information on its
25Internet Web site concerning how the working capital funds are
26spent, including the guidelines and the department’s ranking criteria
27for each funded loan agreement.

28(j) A project agreement shall be negotiated between the
29department and a park unit and the total amount of requested
30 project costs shall be allocated to the district as soon as is feasible
31when the agreement is finalized.

32(k) The department may recoup its costs for implementing and
33administering the working capital from the fund.

34

begin deleteSEC. 4.end delete
35begin insertSEC. 5.end insert  

Section 5080.42 of the Public Resources Code is
36amended to read:

37

5080.42.  

(a) Notwithstanding any other provision of this
38article, the department may enter into an operating agreement with
39a qualified nonprofit organization for the development,
40improvement, restoration, care, maintenance, administration, or
P12   1operation of a unit or units, or portion of a unit, of the state park
2system, as agreed to by the director. If the department enters into
3an operating agreement that involves the operation of the entirety
4of a park unit, that agreement may be entered into pursuant to this
5section only to the extent that the agreement would enable the
6department to avoid closure of a unit or units of the state park
7system that may otherwise be subject to closure. The prohibition
8on park closures, pursuant to subdivision (a) of Section 541.5, does
9not limit the department’s authority to enter into an operating
10 agreement pursuant to this section, as provided in subdivision (e)
11of Section 541.5. The department may only enter into an operating
12agreement that involves the operation of the entirety of a park unit
13for no more than 20 park units. An operating agreement with a
14qualified nonprofit organization shall include, but shall not be
15limited to, the following conditions:

16(1) The district superintendent for the department shall provide
17liaison with the department, the nonprofit organization, and the
18public.

19(2) The nonprofit organization shall annually submit a written
20report to the department regarding its operating activities during
21the prior year and shall make copies of the report available to the
22public upon request. The report shall be available on the Internet
23Web sites of both the department and the nonprofit organization.
24The report shall include a full accounting of all revenues and
25expenditures for each unit of the state park system that the
26nonprofit organization operates pursuant to an operating agreement.

27(3) (A) Except as provided in subparagraph (B), all revenues
28that the qualified nonprofit organization receives from a unit shall
29be expended only for the care, maintenance, operation,
30administration, improvement, or development of the unit. The
31qualified nonprofit organization may additionally contribute in-kind
32services and funds raised from outside entities for the care,
33maintenance, operation, administration, improvement, or
34development of the unit.

35(B) If the qualified nonprofit organization determines that the
36revenues it has received from a unit are in excess of the revenues
37that are needed for the care, maintenance, operation, administration,
38improvement, or development of that unit, and that these funds
39are not already specified for or committed to specific purposes
40pursuant to an existing agreement or contract restricting the use
P13   1of those funds, the qualified nonprofit organization may dedicate
2those excess revenues to another state park unit for that unit’s care,
3maintenance, operation, administration, improvement, or
4development.

5(4) General Fund moneys shall not be provided to a nonprofit
6organization to subsidize the operation or maintenance of a park
7unit. This paragraph applies to state parks, the full operation of
8which are turned over to a nonprofit organization, but does not
9apply to or preclude the department from entering into agreements
10with nonprofit organizations to operate a portion of a state park
11unit, or from entering into comanagement agreements with
12nonprofit organizations that involve the sharing of operational and
13financial responsibilities for the park unit and that have the effect
14of reducing state costs. This paragraph does not apply to park
15entrance fees, concession revenues, or any other revenues generated
16within a park operated by a nonprofit organization pursuant to this
17section.

18(b) An operating agreement entered into pursuant to subdivision
19(a) shall honor the existing term of a current concession contract
20for the state park unit subject to the operating agreement.

21(c) An operating agreement entered into pursuant to subdivision
22(a) shall specify the duties that the nonprofit organization shall be
23responsible for carrying out relative to management and protection
24of natural, historical, and cultural resources, and shall identify
25those management duties that shall continue to be conducted by
26the department, so that all core operations of the park are
27delineated. Scientific, architectural, and engineering functions that
28require special expertise or professional training shall only be
29conducted by or under the supervision of qualified persons with
30applicable expertise or training and subject to oversight by the
31department.

32(d) This section does not supersede the requirements of Section
335019.53 regarding the protection of natural, scenic, cultural, and
34ecological values.

35(e) The nonprofit organization and the district superintendent
36for the department shall, following submittal of the annual report
37pursuant to subdivision (a), hold a joint public meeting for
38discussion of the report.

39(f) If the department intends to enter into an operating agreement
40for the development, improvement, restoration, care, maintenance,
P14   1administration, or operation of a unit or units, or a portion of a
2unit, the department shall notify the Member of the Legislature in
3whose district the unit is located, the Chair of the Senate Committee
4on Natural Resources and Water, the Chair of the Assembly
5Committee on Water, Parks and Wildlife, and the chairs of the
6Assembly and Senate budget committees of that intention. The
7notification shall include estimated operating costs and revenues
8and core duties and responsibilities that are likely to be assigned
9to the nonprofit organization and the department.

10(g) For purposes of this section, a qualified nonprofit
11organization is an organization that is all of the following:

12(1) An organization that is exempt from taxation pursuant to
13Section 501(c)(3) of the Internal Revenue Code.

14(2) An organization that has as its principal purpose and activity
15to provide visitor services in state parks, facilitate public access
16to park resources, improve park facilities, provide interpretive and
17educational services, or provide direct protection or stewardship
18of natural, cultural, or historical lands, or resources.

19(3) An organization that is in compliance with the Supervision
20of Trustees and Fundraisers for Charitable Purposes Act, Article
217 (commencing with Section 12580) of Chapter 6 of Part 2 of
22Division 3 of Title 2 of the Government Code.

23(h) (1) Notwithstanding Section 10231.5 of the Government
24Code, the department shall provide a report to the Legislature, on
25a biennial basis, of the status of operating agreements it has entered
26into pursuant to this section. The report shall include a list of units
27of the state park system with operating agreements, discussion of
28the management and operations of each unit subject to an operating
29agreement, an accounting of the revenues and expenditures incurred
30under each operating agreement, and an assessment of the benefit
31to the state from operating agreements entered into pursuant to
32this section.

33(2) A report submitted pursuant to paragraph (1) shall be
34submitted in compliance with Section 9795 of the Government
35Code.

36(i) This section shall remain in effect only until January 1, 2019,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2019, deletes or extends that date.

P15   1

begin deleteSEC. 5.end delete
2begin insertSEC. 6.end insert  

This act is an urgency statute necessary for the
3immediate preservation of the public peace, health, or safety within
4the meaning of Article IV of the Constitution and shall go into
5immediate effect. The facts constituting the necessity are:

6In order to enable the state to as soon as possible enter into
7partnerships and generate the revenues necessary to keep state
8parks open to the public, and to preserve the parks’ vital role in
9ensuring healthy communities, it is necessary that this bill take
10effect immediately.



O

    92