BILL NUMBER: AB 549 INTRODUCED
BILL TEXT
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:
SECTION 1. It is the intent of the Legislature to enact changes in
law necessary to facilitate and expedite implementation of reforms
recommended by the Parks Forward Commission to ensure a vibrant and
sustainable park system for all Californians and for present and
future generations. The changes to be enacted include, but are not
necessarily limited to, those that will facilitate all of the
following:
(a) The organizational, administrative, and technological changes
needed at the Department of Parks and Recreation to modernize the
department's processes, ensure efficiency and accountability
throughout the department, diversify the department's workforce, and
better serve the needs of park visitors.
(b) New public-private partnerships to provide improved
stewardship of state parks and the natural and cultural resources
they contain and to enhance programs and services for park visitors.
(c) Enhanced park access for all Californians, and engagement of
younger generations through increased opportunities for environmental
and outdoor education in parks and for youth leadership development.
(d) Establishment of a stable and diversified funding structure,
including a more entrepreneurial and robust revenue generation
strategy.
SEC. 2. 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 July 1, 2014, and annually thereafter,
the department shall assign a revenue generation target to each
district under the control of the department. 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 capital outlay or support expenditures for revenue generating
investments in state parks. These investments may include, but are
not limited to, planning and implementation of a statewide electronic
fee collection system that includes installation of modern fee
collection equipment and technologies to enhance collection of state
park users fees and that will enable park users to pay fees with
commonly used forms of electronic fund transfers, including, but not
limited to, credit and debit card transactions, and other park
revenue generating projects, and shall be available for encumbrance
and expenditure until June 30, 2019, and for liquidation until June
30, 2021.
(1) The department shall prepare guidelines for districts to apply
for funds for capital projects that are consistent with this
subdivision.
(2) The guidelines prepared pursuant to this paragraph
subdivision shall require all of the following:
(A) A clear description of the proposed use of funds.
(B) A timeframe of implementation of the capital project.
(C) A projection of revenue, including annual income, fees, and
projected usage rates.
(D) A projection of costs, including design, planning,
construction, operation, staff, maintenance, marketing, and
information technology.
(E) A market analysis demonstrating demand for the project.
(F) A projected rate of return on the investment.
(c) The 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 transferred to the State Parks Revenue Incentive
Subaccount pursuant to subdivision (c) 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 subaccount.
(B) With the approval of the director, each district shall use the
funds it receives pursuant to this section 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
December 31 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) 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.
(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 of the Public Resources Code.
5019.92.
(D) Pursuant to subdivision (c) of Section 5010.6, for
expenditures to support revenue generation projects that include, but
are not limited to, staffing kiosks, campgrounds, and parking lots.
(e) 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 such an expansion.
(f) 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 and the State Parks Revenue Incentive Subaccount for
use for the purposes of subdivision (c) and subdivision (d).
(g) The department shall provide all relevant information on its
Internet Web site concerning how funds in the State Parks and
Recreation Revenue Incentive Subaccount and the California State Park
Enterprise Fund are spent.
(h) The department may recoup its costs for implementing and
administering the working capital from the fund.