as amended, Levine. State park
begin delete system: revenue generation program: reports.end delete
The Department of Parks and Recreation has control of the state park system. Existingend delete
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.
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature to enact
2changes in law necessary to facilitate and expedite implementation
3of reforms recommended by the Parks Forward Commission to
4ensure a vibrant and sustainable park system for all Californians
5and for present and future generations. The changes to be enacted
6include, but are not necessarily limited to, those that will facilitate
7all of the following:
9 The organizational, administrative, and technological
10changes needed at the Department of Parks and Recreation to
11modernize the department’s processes, ensure efficiency and
12accountability throughout the department, diversify the
13department’s workforce, and better serve the needs of park visitors.
P4 1(b)end delete
2 New public-private partnerships to provide improved
3stewardship of state parks and the natural and cultural resources
4they contain and to enhance programs and services for park visitors.
6 Enhanced park access for all Californians, and engagement
7of younger generations through increased opportunities for
8environmental and outdoor education in parks and for youth
11 Establishment of a stable
and diversified funding structure,
12including a more entrepreneurial and robust revenue generation
There shall be provided in each state park in which
40camping is permitted those parking facilities for recreational
P5 1vehicles, as defined by Section 18010 of the Health and Safety
2Code, that can be accommodated within the park consistent with
3the objective of providing camping facilities for the public in these
4parks. In addition, the Department of Parks and Recreation may
begin delete installend delete or permit the installation begin delete ofend delete camping cabins, as defined by Section
718862.5 of the Health and Safety Code, within the units of the state park
begin delete system ifend delete
begin delete of camping cabins is consistent withend delete
12 the general plan of the
begin delete unit.end delete
(a) The department may receive and accept in the name
23of the people of the state any gift, dedication, devise, grant, or
24other conveyance of title to or any interest in real property,
25including water rights, roads, trails,
begin delete andend delete rights-of-way, to be added to or used in
27connection with the park system. It may receive and accept gifts,
28donations, contributions, or bequests of money to be used in
29acquiring title to or any interest in real property, or in improving
30it as a part of or in connection with the State Park System, or to
31be used for any of the purposes for which the department is created.
32It may also receive and accept personal property for any purpose
33connected with the park system.
34(b) Subdivision (a) is subject to the requirements and exceptions
35set forth in Section 11005 of the Government
begin delete Code.end delete
(a) The department may enter into an agreement to
6accept funds from any person, corporation or other business entity,
7or organization for the
begin delete maintenance orend delete operation, begin delete on of a
8a nonprofit basis,end delete
9designated state park system unit or facility. Any funds so received
10shall be deposited in a separate account in the State Park
11Contingent Fund. The funds received shall supplement existing
12resources for the
begin delete purpose of enhancing the maintenance or of the unit or
begin delete facility, with priority given to
15preventing closure or reduced hours of service to the public.end delete
16 The department and the sponsoring person, entity, or
17organization shall specify in the agreement the level of service
begin delete whichend delete is to be performed.
19(b) The department may enter into an agreement to accept
20services from any person, corporation or other business entity, or
21organization for the cleanup, repair, or enhancement of any
22designated state park system unit or facility. Under the direction
23of the department, these services shall supplement existing staff
24resources for the purpose of enhancing the maintenance and
25operation of the unit or facility.
26(c) The director may authorize the erection of an appropriate
27sign in recognition of the sponsorship, consistent with existing
28law and with the rules and regulations of the department regarding
29signs in units of the state park system.
Section 5010.7 of the Public Resources Code is
8amended to read:
(a) The department shall develop a revenue generation
10program as an essential component of a long-term sustainable park
11funding strategy. On or before July 1, 2014, and annually thereafter,
12the department shall assign a revenue generation target to each
13district under the control of the department. The department shall
14develop guidelines for districts to report the use of funds generated
15by the revenue generation program, and shall post information and
16copies of the reports on its Internet Web site.
17(b) The California State Park Enterprise Fund is hereby created
18in the State Treasury as a working capital fund, and the revenue
19shall be available to the department upon appropriation by the
20Legislature for capital outlay or support expenditures for revenue
21generating investments in state parks. These investments may
22include, but are not limited to, planning and implementation of a
23statewide electronic fee collection system that includes installation
24of modern fee collection equipment and technologies to enhance
25collection of state park users fees and that will enable park users
26to pay fees with commonly used forms of electronic fund transfers,
27including, but not limited to, credit and debit card transactions,
28and other park revenue generating projects, and shall be available
29for encumbrance and expenditure until June 30, 2019, and for
30liquidation until June 30, 2021.
31(1) The department shall prepare guidelines for districts to apply
32for funds for capital projects that are consistent with this
34(2) The guidelines prepared pursuant to this
35require all of the following:
36(A) A clear description of the proposed use of funds.
37(B) A timeframe of implementation of the capital project.
38(C) A projection of revenue, including annual income, fees, and
39projected usage rates.
P9 1(D) A projection of costs, including design, planning,
2construction, operation, staff, maintenance, marketing, and
4(E) A market analysis demonstrating demand for the project.
5(F) A projected rate of return on the investment.
6(c) The revenue generated by the revenue generation program
7developed pursuant to subdivision (a) shall be deposited into the
8State Parks and Recreation Fund. Revenue identified as being in
9excess of the revenue targets shall be transferred to the State Parks
10Revenue Incentive Subaccount, established pursuant to Section
115010.6, on or before June 1, annually.
12(d) Moneys transferred to the State Parks Revenue Incentive
13Subaccount pursuant to subdivision (c) shall be expended as
15(1) (A) The department shall allocate 50 percent of the total
16amount of revenues deposited into the State Parks Revenue
17Incentive Subaccount pursuant to subdivision (c), generated by a
18park district to that district if the amount of revenues generated
19exceeds the targeted revenue amount prescribed in the revenue
20generation program. The revenues to be allocated to a park district
21that fails to achieve the revenue target shall remain in the
23(B) With the approval of the director, each district shall use the
24funds it receives pursuant to this section to improve the parks in
25that district through revenue generation programs and projects and
26other activities that will assist in the district’s revenue generation
27activities, and the programs, projects, and other activities shall be
28consistent with the mission and purpose of each unit and with the
29plan developed for the unit pursuant to subdivision (a) of Section
31(C) The department shall report to the Legislature, commencing
32on July 1, 2014, and annually on or before each December 31
33thereafter, on the revenue distributed to each district pursuant to
35(2) The department shall use 50 percent of the funds deposited
36into the State Parks Revenue Incentive Subaccount pursuant to
37subdivision (c) for the following purposes:
38(A) To fund the capital costs of construction and installation of
39new revenue and fee collection equipment and technologies and
P10 1other physical upgrades to existing state park system lands and
3(B) For costs of restoration, rehabilitation, and improvement of
4the state park system and its natural, historical, and visitor-serving
5resources that enhance visitation and are designed to create
6opportunities to increase revenues.
7(C) For costs to the department to implement the action plan
8required to be developed by the department pursuant to Section
10(D) Pursuant to subdivision (c) of Section 5010.6, for
11expenditures to support revenue generation projects that include,
12but are not limited to, staffing kiosks, campgrounds, and parking
14(e) The funds generated by the revenue generation program
15shall not be used by the department to expand the park system,
16unless there is significant revenue generation potential from such
18(f) Notwithstanding Section 5009, moneys received by the
19department from private contributions and other public funding
20sources may also be deposited into the California State Park
21Enterprise Fund and the State Parks Revenue Incentive Subaccount
22for use for the purposes of subdivision (c) and subdivision (d).
23(g) The department shall provide all relevant information on its
24Internet Web site concerning how funds in the State Parks and
25Recreation Revenue Incentive Subaccount and the California State
26Park Enterprise Fund are spent.
27(h) The department may recoup its costs for implementing and
28administering the working capital from the fund.
All concession contracts entered into pursuant to this
32article shall contain, but are not limited to, all of the following
34(a) (1) The maximum term shall be 10 years, except that a term
35of more than 10 years may be provided if the director determines
36that the longer term is necessary to allow the concessionaire to
37amortize improvements made by the concessionaire, to facilitate
38the full utilization of a structure that is scheduled by the department
39for replacement or redevelopment, or to serve the best interests of
40the state. The term shall not exceed 20 years without specific
P11 1authorization by statute.
4(2) The maximum term shall be 50 years if the concession
5contract is for the construction, development, and operation of
6multiple-unit lodging facilities equipped with full amenities,
7including plumbing and electrical, that is anticipated to exceed an
8initial cost of one million five hundred thousand dollars
9($1,500,000) in capital improvements in order to begin operation.
10The term for a concession contract described in this paragraph
11shall not exceed 50 years without specific authorization by statute.
15(3) Notwithstanding paragraph (1), a concession agreement at
16Will Rogers State Beach executed prior to December 31, 1997,
17including, but not limited to, an agreement signed pursuant to
18Section 25907 of the Government Code, may be extended to exceed
1920 years in total length without specific authorization by statute,
20upon approval by the director and pursuant to a determination by
21the director that the longer term is necessary to allow the
22concessionaire to amortize improvements made by the
23concessionaire that are anticipated to exceed one million five
24hundred thousand dollars ($1,500,000) in capital improvements.
25Any extensions granted pursuant to this paragraph shall not be for
26more than 15 years.
27(b) Every concessionaire shall submit to the department all sales
28and use tax
begin delete returns.end delete
31(c) Every concession shall be subject to audit by the department.
32(d) A performance bond shall be obtained and maintained by
33the concessionaire. In lieu of a bond, the concessionaire may
34substitute a deposit of funds acceptable to the department. Interest
35on the deposit shall accrue to the concessionaire.
36(e) The concessionaire shall obtain and maintain in force at all
37times a policy of liability insurance in an amount adequate for the
38nature and extent of public usage of the concession and naming
39the state as an additional insured.
P12 1(f) Any discrimination by the
concessionaire or his or her agents
2or employees against any person because of the marital status or
3ancestry of that person or any characteristic listed or defined in
4Section 11135 of the Government Code is prohibited.
5(g) To be effective, any modification of the concession contract
6shall be evidenced in writing.
7(h) Whenever a concession contract is terminated for substantial
8breach, there shall be no obligation on the part of the state to
9purchase any improvements made by the concessionaire.
A contract, including a contract entered into on lands
13operated pursuant to an agreement entered into under Article 2
14(commencing with Section 5080.30), that is expected to involve
15a total investment or estimated annual gross sales in excess of
begin delete five shall not be advertised for bid, negotiated,
16hundred thousand dollars ($500,000),end delete
18renegotiated, or amended in any material respect unless and until
19all of the following requirements have been complied with:
20(a) The commission has reviewed the proposed services,
21facilities, and location of the concession and determined that they
22meet the requirements of Sections 5001.9 and 5080.03 and are
23compatible with the classification of the unit in which the
24concession will be operated.
25(b) The Legislature has reviewed and approved the proposed
26concession as part of the annual budget process or the requirements
27of subdivision (c) have been complied with. A proposed concession
28shall not be submitted for review by the Legislature until the
29commission has made its determination pursuant to subdivision
30(a), unless deferring review by the Legislature would be adverse
31to the interests of the public, in which case the Legislature’s review
32may precede the commission’s determination.
33(c) Following enactment of the Budget Bill, the board has
34determined that the proposed concession could not have been
35presented to the Legislature for review and approval in the course
36of its consideration of the Budget Bill, or the proposed concession
37was reviewed and approved but it is necessary to revise the terms
38of the invitation to bid or the contract in a material respect, and
39that it would be adverse to the interests of the public to defer that
40review and approval to a time when the Legislature next considers
P13 1a Budget Bill. Upon making that determination, the board may
2review and approve the proposed concession, or any revision
3thereof, after giving at least 20 days’ written notice to the Chair
4of the Joint Legislative Budget Committee and to the chair of the
5fiscal and appropriate policy committees of its intended action.
6All actions taken by the board pursuant to this subdivision shall
7be reported to the Legislature in the next Governor’s Budget.
8(d) The proposed concession is accompanied with
9documentation sufficient to enable the Legislature, the commission,
10and the board, as the case may be, to ascertain whether the
11concession will conform to the requirements of this article and, as
12to the Legislature and the board, to evaluate fully all terms on
13which the concession is proposed to be let, including the rent and
14other returns anticipated to be received.