BILL NUMBER: AB 2150 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Rendon
FEBRUARY 20, 2014
An act to amend Sections 541.5 and 5010.7
Section 541.5 of, to add Section 535.4 to, to add and
repeal Section 5010.3 of, and to add Chapter 14 (commencing
with Section 5880) to Division 5 of, the Public Resources Code,
relating to the Department of Parks and Recreation, making
an appropriation therefor, and declaring the urgency thereof, to take
effect immediately. Recreation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2150, as amended, Rendon. Department of Parks and Recreation.
(1) Existing law places responsibility of the state park system,
which includes all parks, public camp grounds, monument sites,
landmark sites, and sites of historical interest established or
acquired by the state, with the Department of Parks and Recreation.
Existing law requires the department to administer, protect, develop,
and interpret the property under its jurisdiction for the use and
enjoyment of the public. Existing law authorizes the department to
expend all moneys of the department for the care, protection,
supervision, extension, and improvement or development of the
property under its jurisdiction. Existing law requires the State Park
and Recreation Commission to evaluate and assess the department's
deferred obligations, as specified.
This bill would require the department to identify and develop a
priority list of deferred state park maintenance projects, as
specified. The bill would require the department to apply specified
factors when prioritizing and identifying projects for the deferred
maintenance list including, among others, projects that are necessary
to prevent a state park from closing and , to the extent
feasible and practicable, projects that will increase park
access to underserved communities.
This bill would also require, by July 1, 2015, and subject to the
availability of resources, the department to implement internal
organizational changes to prioritize efforts to expand access to
parks in urban and other underserved areas, including, but not
limited to, reorganizing existing offices within the department to
create a Division of Community Initiatives and Park Access. The bill
would require that the purpose and objectives of the division
include, among other things, developing and promoting programs that
address the park and recreational needs of underserved youth and
young adults.
This bill would rename the department's Division of External
Affairs as the Division of Community Initiatives and Park Access, and
would specify that the purposes and objectives of the division
include convening and developing strategic partnerships and
coalitions to facilitate, promote, and enhance access to, and
relevancy of, state parks for underserved communities. The bill would
require, on or before December 31, 2015, the division, in
consultation with certain agencies and organizations, to develop a
strategic action plan, as specified, for improving park access and
relevancy for urban and traditionally underserved populations.
(2) Existing law authorizes the department to collect fees, rents,
and other returns for the use of any state park system area in
amounts determined by the department. Existing law authorizes the
department to accept a credit card as a method of payment for fees
collected through the department's reservation system.
This bill would require the department to establish a 3-year pilot
program that expedites the use of certain technologies, especially
at more remote parks, parks without staffed entrance locations, or
park units where there are many points of entry. The bill would
require the department, on or before December 31, 2016, to make
available, as appropriate, one or more technologies that enable
visitors to purchase and print park passes. The bill would require
the department to maintain data on visitorship, park revenue, and the
use of passes purchased through the use of those technologies. The
bill would authorize the department to pay for the cost of the pilot
program with available funds in a specified subaccount and fund.
(2)
(3) 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 provides that this prohibition does not limit or
affect the department's authority to enter into an operating
agreement during those fiscal years, as specified.
This bill would extend this prohibition against closing or
proposing to close a state park to the 2014-15 fiscal year and would
similarly not limit or affect the department's authority to enter
into an operating agreement during that fiscal year, as specified.
(3) 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 State Parks Revenue Incentive Subaccount, as provided, once
revenue targets have been met and the excess revenue is identified.
Existing law further requires the department to allocate the revenue
as specified, and requires the department to use 50% of the excess
revenue deposited into the State Parks Revenue Incentive Subaccount
for specific purposes, including the funding of capital costs of
construction and installation of new revenue and fee collection
equipment and technologies.
This bill would require the department, in expending these funds,
to give first priority to the implementation of an integrated
statewide enterprise system to modernize the department's fee
collection, reservations, sales, and data collection systems, as
specified.
(4) Existing law establishes the California State Park Enterprise
Fund, and provides that the revenues in the fund shall be available
to the department upon appropriation by the Legislature, for
specified purposes. Existing law makes these funds available for
encumbrance and expenditure until June 30, 2014, and for liquidation
until June 30, 2016.
This bill would extend the authorization for encumbrance and
expenditure of these funds until June 30, 2015, and for liquidation
until June 30, 2017, thereby making an appropriation.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 535.4 is added to the Public Resources Code, to
read:
535.4. (a) The department shall identify and develop a priority
list of deferred state park maintenance projects. The list shall only
include projects for which the initial design, scoping, and planning
necessary to develop verifiable project cost estimates have been
completed.
(b) In addition to the requirements described in subdivision (a),
the department shall apply the following factors when prioritizing
and identifying projects for inclusion on the deferred maintenance
priority list:
(1) Projects that are necessary to prevent a state park from
closing.
(2) Projects that are necessary to avoid violations of state law
and potential assessment of regulatory fines against the department,
including, but not limited to, projects to address water quality and
waste discharge requirements.
(3) Projects that are necessary to address imminent public safety
hazards.
(4) Projects that are necessary to maintain revenue or have the
potential to increase revenue generation in state parks.
(5) Projects To the extent feasible and
practicable, projects that will increase park access to
underserved communities.
(6) Projects that are necessary to protect significant natural or
cultural resources.
(7) Projects that are necessary to maintain visitation
opportunities at state parks.
SEC. 2. 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, 2013-14, or 2014-15 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 on the closure or proposed closure of a state
park in the 2012-13, 2013-14, or 2014-15 fiscal year, pursuant to
subdivision (a), does not limit or affect the department's authority
to enter into an operating agreement, pursuant to Section 5080.42,
during any of those fiscal years, for purposes of the operation of
the entirety of a state park during the fiscal year.
SEC. 3. Section 5010.7 of the Public Resources
Code is amended to read:
5010.7. (a) The department shall develop a revenue generation
program as an essential component of a long-term sustainable park
funding strategy. On or before October 1, 2012, the department shall
assign a two-year revenue generation target to each district under
the control of the department. The revenue target may be amended
annually for subsequent years, beginning in the 2015-16 fiscal year.
The department shall develop guidelines for districts to report the
use of funds generated by the revenue generation program, and shall
post information and copies of the reports on its Internet Web site.
(b) The California State Park Enterprise Fund is hereby created in
the State Treasury as a working capital fund, and the revenue shall
be available to the department upon appropriation by the Legislature,
for expenditure for the purposes specified in this section and shall
be available for encumbrance and expenditure until June 30, 2015,
and for liquidation until June 30, 2017.
(c) The incremental revenue generated by the revenue generation
program developed pursuant to subdivision (a) shall be deposited into
the State Parks and Recreation Fund. Revenue identified as being in
excess of the revenue targets shall be transferred to the State Parks
Revenue Incentive Subaccount, established pursuant to Section
5010.6, on or before June 1, annually.
(d) Moneys appropriated to the department pursuant to subdivision
(b) and Section 5010.6 shall be expended as follows:
(1) (A) The department shall allocate 50 percent of the total
amount of revenues deposited into the State Parks Revenue Incentive
Subaccount pursuant to subdivision (c), generated by a park district
to that district if the amount of revenues generated exceeds the
targeted revenue amount prescribed in the revenue generation program.
The revenues to be allocated to a park district that fails to
achieve the revenue target shall remain in the fund.
(B) With the approval of the director, each district shall use the
funds it receives from the department from the revenue generation
program to improve the parks in that district through revenue
generation programs and projects and other activities that will
assist in the district's revenue generation activities, and the
programs, projects, and other activities shall be consistent with the
mission and purpose of each unit and with the plan developed for the
unit pursuant to subdivision (a) of Section 5002.2.
(C) The department shall report to the Legislature, commencing on
July 1, 2014, and annually on or before each July 1 thereafter, on
the revenue distributed to each district pursuant to this section.
(2) The department shall use 50 percent of the funds deposited
into the State Parks Revenue Incentive Subaccount pursuant to
subdivision (c) for the following purposes:
(A) (i) To fund the capital costs of construction and installation
of new revenue and fee collection equipment and technologies and
other physical upgrades to existing state park system lands and
facilities.
(ii) In expending funds pursuant to this subparagraph, the
department shall give first priority to the implementation of an
integrated statewide enterprise system to modernize the department's
fee collection, reservations, sales, and data collection systems. The
system shall include, but is not necessarily limited to, an
integrated communications network that provides real time access to
transactions data and connectivity between park districts and
department headquarters, including point-of-sale automated fee
collection equipment in state park units.
(B) For costs of restoration, rehabilitation, and improvement of
the state park system and its natural, historical, and
visitor-serving resources that enhance visitation and are designed to
create opportunities to increase revenues.
(C) For costs to the department to implement the action plan
required to be developed by the department pursuant to Section
5019.92.
(D) To establish a revolving loan program pursuant to subdivision
(e).
(e) (1) The department shall establish a revolving loan program
and prepare guidelines establishing a process for those districts
that receive moneys under paragraph (1) of subdivision (d) to apply
for funds that exceed the amount of funds provided to the districts
pursuant to paragraph (1) of subdivision (d). It is the intent of the
Legislature that the revolving loan program fund only those projects
that will contribute to the success of the department's revenue
generation program and the continual growth of the fund over time.
Districts may apply for funds for capital projects, personnel, and
operations that are consistent with this subdivision, including the
costs of preparing an application. The department shall provide an
annual accounting to the Department of Finance and the relevant
legislative committees of the use of those funds in accordance with
the purposes outlined in Proposition 40 (the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act
of 2002 (Chapter 1.696 (commencing with Section 5096.600) of Division
5)) and Proposition 84 (the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Division 43 (commencing with Section 75001))), voter-approved bond
acts.
(2) The guidelines prepared pursuant to paragraph (1) shall
require that applications for funding include all of the following:
(A) A clear description of the proposed use of funds, including
maps and other drawings, as applicable.
(B) A market analysis demonstrating demand for the project or
service.
(C) The projected lifespan of the project, which must be at least
20 years for a proposed capital project.
(D) A projection of revenues, including the specific assumptions
for annual income, fees, occupancy rates, pricing, and other relevant
criteria upon which the projection is based.
(E) A projection of costs, including, but not limited to, design,
planning, construction, operation, staff, maintenance, marketing, and
information technology.
(F) The timeframe for implementation, including all necessary
reviews and permitting.
(G) The projected net return on investment of the life of the
project.
(H) Provisions providing for mandatory reporting on the project by
districts to the department.
(f) The department shall rank all of the proposals and award loans
for projects or other activities to districts based on the following
criteria, as well as other considerations that the department
considers relevant:
(1) Return on investment.
(2) Length of time for implementation.
(3) Length of time for the project debt to be retired.
(4) Percentage of total project costs paid by the district or by a
source of matching funds.
(5) Annual operating costs.
(6) Capacity of project to improve services or park experiences,
or both, for park visitors.
(g) The funds generated by the revenue generation program shall
not be used by the department to expand the park system, unless there
is significant revenue generation potential from the expansion.
(h) Notwithstanding Section 5009, moneys received by the
department from private contributions and other public funding
sources may also be deposited into the California State Park
Enterprise Fund for use for the purposes of subdivision (c) and
subdivision (d).
(i) The department shall provide all relevant information on its
Internet Web site concerning how the working capital funds are spent,
including the guidelines and the department's ranking criteria for
each funded loan agreement.
(j) A project agreement shall be negotiated between the department
and a park unit and the total amount of requested project costs
shall be allocated to the district as soon as is feasible when the
agreement is finalized.
(k) The department may recoup its costs for implementing and
administering the working capital from the fund.
SEC. 4. Chapter 14 (commencing with Section
5880) is added to Division 5 of the Public Resources Code, to read:
CHAPTER 14. DIVISION OF COMMUNITY INITIATIVES AND PARK ACCESS
5880. On or before July 1, 2015, and subject to availability of
resources, the department shall implement internal organizational
changes to prioritize efforts to expand access to parks in urban and
other underserved areas. The organizational changes shall include,
but are not necessarily limited to, reorganizing existing offices
within the department, such as the Office of Grants and Local
Services and the Office of Community Involvement, to create a new
Division of Community Initiatives and Park Access. The purpose and
objectives of the division shall include, but are not necessarily
limited to, all of the following:
(a) Promoting and enhancing access to, and relevancy of, state
parks for urban and underserved communities.
(b) Working in partnership and in coordination with other
governmental agencies, nonprofit organizations, schools, and
community groups, through education, outreach, and technical
assistance, to increase the capacity of local communities to meet the
recreational and open space needs of their residents.
(c) Developing and promoting programs that address the park and
recreational needs of underserved youth and young adults, and
programs that connect youth and young adults with nature and the
outdoors.
(d) Implementing recruitment policies designed to diversify the
department's workforce.
(e) Identifying other barriers to park access and developing
strategies and recommendations to remove those barriers.
SEC. 5. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to address urgent needs within the state park system for
maintenance of facilities necessary to protect public health and
safety, to enable the state as soon as possible to generate the
revenues necessary to keep state parks open to the public, and to
preserve the vital role of state parks in ensuring healthy
communities, it is necessary that this bill take effect immediately.
SEC. 3. Section 5010.3 is added to the
Public Resources Code , to read:
5010.3. (a) (1) The Legislature finds and declares that various
agencies charged with public lands recreation and management have
developed systems that enable visitors to purchase and print
appropriate passes, either in advance through the use of
Internet-based secured transactions or onsite through the use of
smartphones or other mobile telephone technologies.
(2) It is the intent of the Legislature that the department, as a
means of increasing convenience to the public and overall park
visitation, expedite the use of the technologies described in
paragraph (1), especially at more remote parks, parks without staffed
entrance locations, or park units where there are many points of
entry.
(b) (1) The department shall establish a three-year pilot program
that expedites the use of the technologies described in paragraph (1)
of subdivision (a), especially at more remote parks, parks without
staffed entrance locations, or park units where there are many points
of entry.
(2) Notwithstanding Section 5091.20, on or before December 31,
2016, the department shall make available, as appropriate, one or
more technologies that enable visitors to purchase and print park
passes, including single day use passes and annual passes that enable
visits to one or more state parks.
(3) The department shall maintain data that includes, but is not
limited to, data on visitorship, park revenue, and the use of passes
purchased pursuant to this subdivision.
(c) Notwithstanding any other law, the department may pay for the
cost of the pilot program with available funds in the State Parks
Revenue Incentive Subaccount established by Section 5010.6, or the
California State Park Enterprise Fund, established by Section 5010.7.
(d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 4. Chapter 14 (commencing with Section 5880)
is added to Division 5 of the Public Resources Code
, to read:
CHAPTER 14. DIVISION OF COMMUNITY INITIATIVES AND PARK ACCESS
5880. (a) It is the intent of the Legislature that the department
prioritize efforts to expand access to parks in underserved areas
by, among other things, convening and developing strategic
partnerships and coalitions to facilitate, promote, and enhance
access to, and relevancy of, state parks for underserved communities.
(b) The department's Division of External Affairs is hereby
renamed the Division of Community Initiatives and Park Access. The
purposes and objectives of the division shall include, but are not
limited to, convening and developing strategic partnerships and
coalitions to facilitate, promote, and enhance access to, and
relevancy of, state parks for underserved communities.
5881. On or before December 31, 2015, the Division of Community
Initiatives and Park Access, in consultation with other relevant
state and local agencies, nonprofit organizations, schools, public
health entities, and community-based organizations, shall develop a
strategic action plan for improving park access and relevancy for
urban and traditionally underserved populations. The strategic action
plan shall include, but need not be limited to, all of the
following:
(a) Development of up to three pilot projects in underserved
regions to test and evaluate best management practices and strategies
to enhance park access and new models of park planning, design,
development, outreach, and operation to ensure state, regional, and
local parks are designed and managed to meet the needs of
communities. It is the intent of the Legislature that the pilot
projects include engagement of local communities and local park
agencies in the planning process to ensure facilities, amenities,
design, and programming align with local needs and include
sustainable operating plans.
(b) Identification of strategic partners, including, but not
limited to, local and regional park providers, local governments and
special districts, other state agencies that serve disadvantaged
communities, local educational agencies, public health entities, and
other community-based groups, to form an integrated network of
organizations working collaboratively to address the park and
open-space needs of residents living in the designated underserved
region of each pilot project.
(c) An assessment of park assets and park needs of residents
living in the designated underserved region of each pilot project.
(d) Drawing upon best management practices from park and
recreation professional literature and related fields, strategies for
developing and implementing partnerships, projects, programs, and
other initiatives that will do all of the following:
(1) Increase visitation to state parks, particularly visitation by
those in underserved communities in park poor areas.
(2) Improve transportation options to existing state parks.
(3) Provide opportunities for active recreation, multigenerational
gatherings, and other culturally relevant amenities.
(e) Development of regional collaboratives led by the department
to begin implementation of recommendations included in the strategic
action plan.
(f) Development of partnerships, programs, and other initiatives
in state parks, regional park systems, and local park systems that
address the park and recreational needs of underserved youth and
young adults, and programs that connect youth and young adults with
nature and the outdoors, including, but not necessarily limited to,
programs such as youth internships that focus on development of
leadership skills and provide a pathway for young adults to pursue
park-related careers.
(g) Identification of other barriers to state park access and
development of strategies and recommendations to remove those
barriers.
5882. Notwithstanding any other law, moneys allocated to the
department from the State Parks Protection Fund pursuant to Section
18900.3 of the Revenue and Taxation Code may be used for purposes of
implementing this chapter.