California Legislature—2015–16 Regular Session

Assembly BillNo. 549


Introduced by Assembly Member Levine

February 23, 2015


An act to amend Section 5010.7 of the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

AB 549, as introduced, Levine. State park system: revenue generation program: reports.

The Department of Parks and Recreation has control of the state park system. 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 establishes the State Park Revenue Incentive Subaccount in the State Parks and Recreation Fund with money available to the department for activities, programs, and projects, as provided, relating to the revenue generation program. Existing law requires the money to be spent in a specified way, including 50% of the total amount of revenues deposited into the subaccount generated by a park district to that district, as provided. Existing law requires the department to report to the Legislature annually on or before July 1 on the revenue distributed to each park district.

This bill would instead require the department to report to the Legislature annually on or before December 31.

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

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

P2    1

SECTION 1.  

It is the intent of the Legislature to enact changes
2in law necessary to facilitate and expedite implementation of
3reforms recommended by the Parks Forward Commission to ensure
4a vibrant and sustainable park system for all Californians and for
5present and future generations. The changes to be enacted include,
6but are not necessarily limited to, those that will facilitate all of
7the following:

8(a) The organizational, administrative, and technological changes
9needed at the Department of Parks and Recreation to modernize
10the department’s processes, ensure efficiency and accountability
11throughout the department, diversify the department’s workforce,
12and better serve the needs of park visitors.

13(b) New public-private partnerships to provide improved
14stewardship of state parks and the natural and cultural resources
15they contain and to enhance programs and services for park visitors.

16(c) Enhanced park access for all Californians, and engagement
17of younger generations through increased opportunities for
18environmental and outdoor education in parks and for youth
19leadership development.

20(d) Establishment of a stable and diversified funding structure,
21including a more entrepreneurial and robust revenue generation
22strategy.

23

SEC. 2.  

Section 5010.7 of the Public Resources Code is
24amended to read:

25

5010.7.  

(a) The department shall develop a revenue generation
26program as an essential component of a long-term sustainable park
27funding strategy. On or before July 1, 2014, and annually thereafter,
28the department shall assign a revenue generation target to each
29district under the control of the department. The department shall
30develop guidelines for districts to report the use of funds generated
31by the revenue generation program, and shall post information and
32copies of the reports on its Internet Web site.

33(b) The California State Park Enterprise Fund is hereby created
34in the State Treasury as a working capital fund, and the revenue
35shall be available to the department upon appropriation by the
36Legislature for capital outlay or support expenditures for revenue
37generating investments in state parks. These investments may
38include, but are not limited to, planning and implementation of a
P3    1statewide electronic fee collection system that includes installation
2of modern fee collection equipment and technologies to enhance
3collection of state park users fees and that will enable park users
4to pay fees with commonly used forms of electronic fund transfers,
5including, but not limited to, credit and debit card transactions,
6and other park revenue generating projects, and shall be available
7for encumbrance and expenditure until June 30, 2019, and for
8liquidation until June 30, 2021.

9(1) The department shall prepare guidelines for districts to apply
10for funds for capital projects that are consistent with this
11subdivision.

12(2) The guidelines prepared pursuant to thisbegin delete paragraphend delete
13begin insert subdivisionend insert shall require all of the following:

14(A) A clear description of the proposed use of funds.

15(B) A timeframe of implementation of the capital project.

16(C) A projection of revenue, including annual income, fees, and
17projected usage rates.

18(D) A projection of costs, including design, planning,
19construction, operation, staff, maintenance, marketing, and
20information technology.

21(E) A market analysis demonstrating demand for the project.

22(F) A projected rate of return on the investment.

23(c) The revenue generated by the revenue generation program
24developed pursuant to subdivision (a) shall be deposited into the
25State Parks and Recreation Fund. Revenue identified as being in
26excess of the revenue targets shall be transferred to the State Parks
27Revenue Incentive Subaccount, established pursuant to Section
285010.6, on or before June 1, annually.

29(d) Moneys transferred to the State Parks Revenue Incentive
30Subaccount pursuant to subdivision (c) shall be expended as
31follows:

32(1) (A) The department shall allocate 50 percent of the total
33amount of revenues deposited into the State Parks Revenue
34Incentive Subaccount pursuant to subdivision (c), generated by a
35park district to that district if the amount of revenues generated
36exceeds the targeted revenue amount prescribed in the revenue
37generation program. The revenues to be allocated to a park district
38that fails to achieve the revenue target shall remain in the
39subaccount.

P4    1(B) With the approval of the director, each district shall use the
2funds it receives pursuant to this section to improve the parks in
3that district through revenue generation programs and projects and
4other activities that will assist in the district’s revenue generation
5activities, and the programs, projects, and other activities shall be
6consistent with the mission and purpose of each unit and with the
7plan developed for the unit pursuant to subdivision (a) of Section
85002.2.

9(C) The department shall report to the Legislature, commencing
10on July 1, 2014, and annually on or before eachbegin delete July 1end deletebegin insert December
1131end insert
thereafter, on the revenue distributed to each district pursuant
12to this section.

13(2) The department shall use 50 percent of the funds deposited
14into the State Parks Revenue Incentive Subaccount pursuant to
15subdivision (c) for the following purposes:

16(A) To fund the capital costs of construction and installation of
17new revenue and fee collection equipment and technologies and
18other physical upgrades to existing state park system lands and
19facilities.

20(B) For costs of restoration, rehabilitation, and improvement of
21the state park system and its natural, historical, and visitor-serving
22resources that enhance visitation and are designed to create
23opportunities to increase revenues.

24(C) For costs to the department to implement the action plan
25required to be developed by the department pursuant to Section
26begin delete 5019.92 of the Public Resources Code.end deletebegin insert 5019.92.end insert

27(D) Pursuant to subdivision (c) of Section 5010.6, for
28expenditures to support revenue generation projects that include,
29but are not limited to, staffing kiosks, campgrounds, and parking
30lots.

31(e) The funds generated by the revenue generation program
32shall not be used by the department to expand the park system,
33unless there is significant revenue generation potential from such
34an expansion.

35(f) Notwithstanding Section 5009, moneys received by the
36department from private contributions and other public funding
37sources may also be deposited into the California State Park
38Enterprise Fund and the State Parks Revenue Incentive Subaccount
39for use for the purposes of subdivision (c) and subdivision (d).

P5    1(g) The department shall provide all relevant information on its
2Internet Web site concerning how funds in the State Parks and
3Recreation Revenue Incentive Subaccount and the California State
4Park Enterprise Fund are spent.

5(h) The department may recoup its costs for implementing and
6administering the working capital from the fund.



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