Amended in Senate July 13, 2015

Amended in Senate June 30, 2015

Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 549


Introduced by Assembly Member Levine

(Coauthor: Assembly Member Rendon)

February 23, 2015


An act to amend Sections 5003.4, 5005, 5009.1, 5009.2, 5010.7, 5080.18, and 5080.20 of, and to add Section 5010.3 to, the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

AB 549, as amended, Levine. State park system.

Existing law authorizes the Department of Parks and Recreation to install or permit the installation of camping cabins within the units of the state park system if installation of camping cabins is consistent with the general plan of the unit.

This bill would authorize the department to acquire, install or permit the installation of, and operate or permit the operation of, campingbegin delete cabins,end deletebegin insert cabins andend insert parking facilities for recreationalbegin delete vehicles, and any associated access and public safety facilities,end deletebegin insert vehiclesend insert within the units of the state park system, if the installation and operation is consistent with the classification of the park system unit, and with the general plan of the unit, if one exists. The bill would authorize the department to enter into an agreement with a qualified nonprofit organization for those purposes.

Existing law authorizes the department to receive and accept in the name of the people of the state any gift, dedication, devise, grant, or other conveyance of title to or any interest in real property, including water rights, roads, trails, and rights-of-way, to be added or used in connection with the state park system, subject to the approval of the Director of Finance, except as provided.

This bill would include buildings, facilities, and other improvements to the types of interests that the department may receive to be used in connection with the state park system.

Existing law authorizes the department to enter into an agreement to receive money from any entity for the maintenance or operation, on a nonprofit basis, of a designated state park unit or facility. Existing law requires the money received to be used to supplement existing resources for enhancing the maintenance and operation of the unit or facility, with priority given to preventing closure or reduced hours of service to the public.

This bill would authorize the department to enter into an agreement to receive funds from any entity for the maintenance, operation, restoration, repair, or enhancement of a designated state park system unit or facility or for research, educational, interpretive, recreational, or visitor services provided on or for a designated state park system unit or facility. The bill would provide that the funds received shall be used to supplement, but not replace, existing resources, would remove the priority given to preventing closure or reduced hours of service to the public, and would authorize the department to provide free or reduced cost access to and use of park facilities to an entity that enters into this agreement, if the public benefit provided by the agreement exceeds or is of comparable value, as determined by the department, to the access to or use of park facilities granted.

Existing law authorizes the department to enter into an agreement to receive funds from any entity for the maintenance or operation of a state beach, any other unit of the state park system that encompasses a beach, or any area or facility of the state beach or other unit. Existing law requires funds received to be used to supplement existing resources.

This bill would authorize the department to enter into an agreement to receive funds from any entity for the maintenance, operation, restoration, repair, or enhancement of a state beach, any other unit of the state park system that encompasses a beach, or any area or facility of the state beach or other unit, or for research, educational, interpretive, recreational, or visitor services provided on or for a state beach, any other unit of the state park system that encompasses a beach, or any area or facility of the state beach or other unit. The bill would provide that funds received shall be used to supplement, but not replace, existing resources, and would authorize the department to provide free or reduced cost access to and use of beach facilities to an entity that enters into this agreement, if the public benefit provided by the agreement exceeds or is of comparable value, as determined by the department, to the access to or use of beach facilities granted.

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 requiresbegin delete the money to be spent in a specified way, includingend delete 50%begin delete of the total amountend delete ofbegin insert certain programend insert revenues deposited into the subaccount generated by a park district tobegin insert be allocated toend insert 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.

Existing law authorizes the department to collect fees, rents, and other returns for the use of any state park system area, the amounts of which are to be determined by the department.

This bill would require the department to develop a statewide fee policy for assessment of fees, as specified, to report to the Legislature on the statewide fee policy on or before December 31, 2016, to make its annual fee schedule publicly available on its Internet Web site, and tobegin delete immediatelyend delete update the fee schedule on its Internet Web site to reflect fee-rate changes.

Existing law authorizes the department to enter into competitively bid contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system.

This bill would require all renewals of those concession contracts to be subject to competitive bidding requirements.

Existing law requires every concessionaire to submit to the department its sales and use tax returns.

This bill would also require every concessionaire to, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.

Existing law requires a concession contract entered into pursuant to specified provisions that is expected to involve a total investment or gross sales in excess of $500,000 to comply with certain other contract requirements.

This bill would impose those requirements on a concession contract that is expected to involve a total investment or gross sales in excess ofbegin delete $1,000,000.end deletebegin insert $1,000,000 and would revise those contract requirements, as specified.end insert

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

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

P4    1

SECTION 1.  

(a) 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:

8(1) The organizational, administrative, and technological
9changes needed at the Department of Parks and Recreation to
10modernize the department’s processes, ensure efficiency and
11accountability throughout the department, diversify the
12department’s workforce, and better serve the needs of park visitors.

13(2) 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(3) 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(4) Establishment of a stable and diversified funding structure,
21including a more entrepreneurial and robust revenue generation
22strategy.

23(b) begin delete(1)end deletebegin deleteend deleteIn its 2015 report, the California’s Parks Forward
24Commission recommended expanding the availability of safe,
P5    1clean, and affordable cabins and similar overnight accommodations
2in state and local parks as an important means of providing
3equitable park access and building public support for parks
4statewide.

begin delete

5(2) Although coastal parks are among California’s most loved
6and visited parks, access to affordable cabins and other lower-cost
7overnight accommodations in coastal parks is limited because of
8high demand and limited supply.

9(3) It is the intent of the Legislature that the California Coastal
10Commission and the State Coastal Conservancy, in consultation
11with the Department of Parks and Recreation and other appropriate
12entities, develop a proposal describing how unexpended fee
13revenue, assessed to mitigate the loss of affordable overnight
14accommodations, in combination with other sources of funding,
15including any public or philanthropic funds that may become
16available, may be used to fund the identification, development,
17and implementation of opportunities to expand availability of
18affordable cabins and other similar overnight accommodations,
19and associated public access and safety facilities in coastal parks,
20including, but not necessarily limited to, state, local, and regional
21parks.

end delete

22(c) It is the intent of the Legislature in enacting the changes to
23Section 5003.4begin insert of the Public Resources Codeend insert made by this act that
24agreements entered into pursuant to subdivision (b) of that section
25not compete with existing concession contracts through which
26comparable services, as determined by the department, are or could
27 be provided.

28

SEC. 2.  

Section 5003.4 of the Public Resources Code is
29amended to read:

30

5003.4.  

(a) There shall be provided in each state park in which
31camping is permitted those parking facilities for recreational
32vehicles, as defined by Section 18010 of the Health and Safety
33Code, that can be accommodated within the park consistent with
34the objective of providing camping facilities for the public in these
35parks. In addition, the Department of Parks and Recreation may
36acquire, install or permit the installation of, and operate or permit
37the operation of, camping cabins, as defined by Section 18862.5
38of the Health and Safety Code,begin insert andend insert parking facilities for
39recreationalbegin delete vehicles, and any associated access and public safety
40facilities,end delete
begin insert vehiclesend insert within the units of the state park system, if the
P6    1installation and operation is consistent with the classification of
2the park system unit and with the general plan of the unit, if one
3exists.

4(b) The department may enter into agreements with qualified
5nonprofit organizations, as defined in subdivision (g) Section
65080.42, for acquisition, installation, and operation of camping
7cabins or parking facilities for recreationalbegin delete vehicles, and any
8associated access and public safety facilities,end delete
begin insert vehiclesend insert as described
9in subdivision (a), within units of the state park system. The
10agreements shall be subject to the requirements of Section 5080.42.

11

SEC. 3.  

Section 5005 of the Public Resources Code is amended
12to read:

13

5005.  

(a) The department may receive and accept in the name
14of the people of the state any gift, dedication, devise, grant, or
15other conveyance of title to or any interest in real property,
16including water rights, roads, trails, rights-of-way, buildings,
17facilities, and other improvements, to be added to or used in
18connection with the state park system. It may receive and accept
19gifts, donations, contributions, or bequests of money to be used in
20acquiring title to or any interest in real property, or in improving
21it as a part of or in connection with the state park system, or to be
22used for any of the purposes for which the department is created.
23It may also receive and accept personal property for any purpose
24connected with the park system.

25(b) Subdivision (a) is subject to the requirements and exceptions
26set forth in Section 11005 of the Government Code, except that
27conditional gifts or bequests of money valued at one hundred
28thousand dollars ($100,000) or less, shall not require the approval
29of the Director of Finance.

30(c) The department shall annually report to the Department of
31Finance all conditional gifts or bequests of money valued at one
32hundred thousand dollars ($100,000) or less that it accepts and
33receives pursuant to subdivision (b).

34

SEC. 4.  

Section 5009.1 of the Public Resources Code is
35amended to read:

36

5009.1.  

(a) The department may enter into an agreement to
37accept funds from any person, educational institution, tribal
38government, corporation or other business entity, or organization
39for the maintenance, operation, restoration, repair, or enhancement
40of a designated state park system unit or facility, or for research,
P7    1educational, interpretive, recreational, or visitor services provided
2on or for a designated state park system unit or facility. Any funds
3so received shall be deposited in a separate account in the State
4Park Contingent Fund. The funds received shall supplement, but
5not replace, existing resources for the maintenance, operation,
6restoration, repair, or enhancement of the unit or facility, or for
7establishing or enhancing park services provided to visitors. The
8department and the sponsoring or donating person, entity,
9government, or organization shall specify in the agreement the
10level of service that is to be performed.

11(b) The department may enter into an agreement to accept from
12any person, educational institution, tribal government, corporation
13or other business entity, or organization services for the cleanup,
14repair, restoration, or enhancement of any designated state park
15system unit or facility, or for research, educational, interpretive,
16recreational, or visitor services provided on or for a state park
17system unit or facility. Under the direction of the department, these
18services shall supplement, but not replace, existing staff resources
19for the purpose of enhancing the maintenance and operation of the
20unit or facility or for establishing or enhancing park services
21provided to visitors.

22(c) The director may authorize the erection of an appropriate
23sign in recognition of a donation or sponsorship provided in
24accordance with this section, consistent with existing law and with
25the rules and regulations of the department regarding signs in units
26of the state park system.

27(d) The department may provide free or reduced cost access to,
28and use of, park facilities to entities that have entered into
29agreements as described in this section, if the public benefit to be
30provided pursuant to the agreement exceeds or is of comparable
31value, as determined by the department, to the access to or use of
32park facilities granted.

33

SEC. 5.  

Section 5009.2 of the Public Resources Code is
34amended to read:

35

5009.2.  

(a) The department may enter into an agreement to
36accept funds from any person, business entity, educational
37institution, tribal government, or organization for the maintenance,
38operation, restoration, repair, or enhancement of a state beach, any
39other unit of the state park system that encompasses a beach, or
40any area or facility of the state beach or other unit, or for research,
P8    1educational, interpretive, recreational, or visitor services provided
2on or for a state beach, any other unit of the state park system that
3encompasses a beach, or any area or facility of the state beach or
4other unit. Any funds so received shall be deposited in a separate
5account in the State Park Contingent Fund. The funds received
6shall supplement, but not replace, existing resources for the
7purposes of enhancing the maintenance, operation, restoration,
8repair, or enhancement of the state beach, other unit of the state
9park system that encompasses a beach, or area or facility of the
10state beach or other unit, or for establishing or enhancing beach
11services provided to visitors. The department and the sponsoring
12or donating person, business entity, government, or organization
13may specify in the agreement the level of maintenance, operation,
14restoration, repair, or enhancement that will be performed.

15(b) The department may also enter into an agreement to accept
16from any person, educational institution, tribal government,
17business entity, or organization services for the operation,
18restoration, repair, maintenance, or enhancement of a state beach,
19other unit of the state park system that encompasses a beach, or
20area or facility of the state beach or other unit, or for research
21educational, interpretive, recreational, or visitor services provided
22 on or for a state beach, other unit of the state park system that
23encompasses a beach, or area or facility of the state beach or other
24unit. Under the direction of the department, those services shall
25supplement, but not replace, existing staff resources for the
26purposes of operation, restoration, repair, maintenance, or
27enhancement of the state beach, other unit of the state park system
28that encompasses a beach, or area or facility of the state beach or
29other unit.

30(c) The director may authorize the erection of an appropriate
31sign in recognition of a donation or sponsorship provided in
32accordance with this section, in accordance with department rules
33and regulations regarding signs in the state park system.

34(d) The department may provide free or reduced cost access to,
35and use of, beach facilities to entities that have entered into
36agreements as described in this section, if the public benefit to be
37provided pursuant to the agreement exceeds or is of comparable
38value, as determined by the department, to the access to or use of
39beach facilities granted.

P9    1(e) The activities authorized by this section shall be implemented
2as part of the department’s Adopt-A-Beach program.

3

SEC. 6.  

Section 5010.3 is added to the Public Resources Code,
4to read:

5

5010.3.  

(a) The department shall develop a statewide policy
6for assessment of fees pursuant to Section 5010 that balances the
7state’s goal of sustainable revenue generation to support state
8parks, with the state’s goal of preserving affordable public access
9to public lands, including, but not limited to, lands in the coastal
10zone. The fee policy shall, at a minimum, do all of the following:

11(1) To the extent feasible, ensure that fees do not serve as a
12deterrent to equitable public access and are comparable to fees
13charged for other similar services.

14(2) Reflect the appropriate role of user fees as part of an overall,
15equitable, and sustainable revenue generation strategy that includes
16a proper balance of public funding and earned revenue to support
17state parks.

18(3) Be based on uniform principles that reflect the different
19levels of services provided at different parks, the department’s
20goals for service-based budgeting, and the best practices for pricing
21that align policy goals with visitor expectations. To the extent
22feasible, fees should be commensurate with the benefits and
23services provided to visitors.

24(4) Describe the process for setting and approving all
25fee-schedule changes.

26(5) Provide for public accountability and transparency, and
27advance public notice for proposed changes to fee schedules.

28(b) The department may consult with the National Park Service
29for guidance in developing a statewide fee policy.

30(c) The department shall conduct public workshops on
31development of the statewide fee policy and may seek assistance
32with scheduling and conducting of the workshops from the State
33Park and Recreation Commission.

34(d) (1) The department shall report to the Legislature on the
35statewide fee policy on or before December 31, 2016.

36(2) The report required pursuant to paragraph (1) shall be
37submitted in compliance with Section 9795 of the Government
38Code.

39(3) This subdivision shall be inoperative on December 31, 2020,
40pursuant to Section 10231.5 of the Government Code.

P10   1(e) The department shall make its fee schedule publicly available
2on the department’s Internet Web site andbegin delete immediatelyend delete update the
3fee schedule to reflect any fee-rate changes.

4(f) It is the intent of the Legislature that the department, in
5addition to developing a statewide fee policy, provide convenient
6and cost effective options for fee payment and collection by
7expanding and integrating fee collection methodologies across the
8state park system and offering modern fee collection and payment
9options that include, but are not necessarily limited to, cash, credit
10card, and smart phone technology, if appropriate.

11(g) The department may also implement additional options,
12including hourly fees, regional passes, and promotional free-day
13annual events, and explore opportunities for collaborative fee
14arrangements and passes with other federal, state, and local park
15agencies, if appropriate.

16

SEC. 7.  

Section 5010.7 of the Public Resources Code is
17amended to read:

18

5010.7.  

(a) The department shall develop a revenue generation
19program as an essential component of a long-term sustainable park
20funding strategy. On or before July 1, 2014, and annually thereafter,
21the department shall assign a revenue generation target to each
22district under the control of the department. The department shall
23develop guidelines for districts to report the use of funds generated
24by the revenue generation program, and shall post information and
25copies of the reports on its Internet Web site.

26(b) The California State Park Enterprise Fund is hereby created
27in the State Treasury as a working capital fund, and the revenue
28shall be available to the department upon appropriation by the
29Legislature for capital outlay or support expenditures for revenue
30generating investments in state parks. These investments may
31include, but are not limited to, planning and implementation of a
32statewide electronic fee collection system that includes installation
33of modern fee collection equipment and technologies to enhance
34collection of state park users fees and that will enable park users
35to pay fees with commonly used forms of electronic fund transfers,
36including, but not limited to, credit and debit card transactions,
37and other park revenue generating projects, and shall be available
38for encumbrance and expenditure until June 30, 2019, and for
39liquidation until June 30, 2021.

P11   1(1) The department shall prepare guidelines for districts to apply
2for funds for capital projects that are consistent with this
3subdivision.

4(2) The guidelines prepared pursuant to this subdivision shall
5require all of the following:

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

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

8(C) A projection of revenue, including annual income, fees, and
9projected usage rates.

10(D) A projection of costs, including design, planning,
11construction, operation, staff, maintenance, marketing, and
12information technology.

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

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

15(c) The revenue generated by the revenue generation program
16developed pursuant to subdivision (a) shall be deposited into the
17 State Parks and Recreation Fund. Revenue identified as being in
18excess of the revenue targets shall be transferred to the State Parks
19Revenue Incentive Subaccount, established pursuant to Section
205010.6, on or before June 1, annually.

21(d) Moneys transferred to the State Parks Revenue Incentive
22Subaccount pursuant to subdivision (c) shall be expended as
23follows:

24(1) (A) The department shall allocate 50 percent of the total
25amount of revenues deposited into the State Parks Revenue
26Incentive Subaccount pursuant to subdivision (c), generated by a
27park district to that district if the amount of revenues generated
28exceeds the targeted revenue amount prescribed in the revenue
29generation program. The revenues to be allocated to a park district
30that fails to achieve the revenue target shall remain in the
31subaccount.

32(B) With the approval of the director, each district shall use the
33funds it receives pursuant to this section to improve the parks in
34that district through revenue generation programs and projects and
35other activities that will assist in the district’s revenue generation
36activities, and the programs, projects, and other activities shall be
37consistent with the mission and purpose of each unit and with the
38plan developed for the unit pursuant to subdivision (a) of Section
395002.2.

P12   1(C) The department shall report to the Legislature, commencing
2on July 1, 2014, and annually on or before each December 31
3thereafter, on the revenue distributed to each district pursuant to
4this section.

5(2) The department shall use 50 percent of the funds deposited
6into the State Parks Revenue Incentive Subaccount pursuant to
7subdivision (c) for the following purposes:

8(A) To fund the capital costs of construction and installation of
9new revenue and fee collection equipment and technologies and
10other physical upgrades to existing state park system lands and
11facilities.

12(B) For costs of restoration, rehabilitation, and improvement of
13the state park system and its natural, historical, and visitor-serving
14resources that enhance visitation and are designed to create
15opportunities to increase revenues.

16(C) For costs to the department to implement the action plan
17required to be developed by the department pursuant to Section
185019.92.

19(D) Pursuant to subdivision (c) of Section 5010.6, for
20expenditures to support revenue generation projects that include,
21but are not limited to, staffing kiosks, campgrounds, and parking
22lots.

23(e) The funds generated by the revenue generation program
24shall not be used by the department to expand the park system,
25unless there is significant revenue generation potential from such
26an expansion.

27(f) Notwithstanding Section 5009, moneys received by the
28department from private contributions and other public funding
29sources may also be deposited into the California State Park
30Enterprise Fund and the State Parks Revenue Incentive Subaccount
31for use for the purposes of subdivision (c) and subdivision (d).

32(g) The department shall provide all relevant information on its
33Internet Web site concerning how funds in the State Parks and
34Recreation Revenue Incentive Subaccount and the California State
35Park Enterprise Fund are spent.

36(h) The department may recoup its costs for implementing and
37administering the working capital from the fund.

38

SEC. 8.  

Section 5080.18 of the Public Resources Code is
39amended to read:

P13   1

5080.18.  

All concession contracts entered into pursuant to this
2article shall contain, but are not limited to, all of the following
3provisions:

4(a) (1) The maximum term shall be 10 years, except that a term
5of more than 10 years may be provided if the director determines
6that the longer term is necessary to allow the concessionaire to
7amortize improvements made by the concessionaire, to facilitate
8the full utilization of a structure that is scheduled by the department
9for replacement or redevelopment, or to serve the best interests of
10the state. The term shall not exceed 20 years without specific
11authorization by statute. Except as provided in Section 5080.16,
12all renewals of concession contracts pursuant to this paragraph
13shall be subject to competitive bidding requirements.

14(2) The maximum term shall be 50 years if the concession
15contract is for the construction, development, and operation of
16multiple-unit lodging facilities equipped with full amenities,
17including plumbing and electrical, that is anticipated to exceed an
18initial cost of one million five hundred thousand dollars
19($1,500,000) in capital improvements in order to begin operation.
20The term for a concession contract described in this paragraph
21shall not exceed 50 years without specific authorization by statute.
22Except as provided in Section 5080.16, all renewals of concession
23contracts pursuant to this paragraph shall be subject to competitive
24bidding requirements.

25(3) Notwithstanding paragraph (1), a concession agreement at
26Will Rogers State Beach executed prior to December 31, 1997,
27including, but not limited to, an agreement signed pursuant to
28Section 25907 of the Government Code, may be extended to exceed
2920 years in total length without specific authorization by statute,
30upon approval by the director and pursuant to a determination by
31the director that the longer term is necessary to allow the
32concessionaire to amortize improvements made by the
33concessionaire that are anticipated to exceed one million five
34hundred thousand dollars ($1,500,000) in capital improvements.
35Any extensions granted pursuant to this paragraph shall not be for
36more than 15 years.

37(b) Every concessionaire shall submit to the department all sales
38and use tax returns and, at the request of the department, provide
39an annual financial statement prepared or audited by a certified
40public accountant.

P14   1(c) Every concession shall be subject to audit by the department.

2(d) A performance bond shall be obtained and maintained by
3the concessionaire. In lieu of a bond, the concessionaire may
4substitute a deposit of funds acceptable to the department. Interest
5on the deposit shall accrue to the concessionaire.

6(e) The concessionaire shall obtain and maintain in force at all
7times a policy of liability insurance in an amount adequate for the
8nature and extent of public usage of the concession and naming
9the state as an additional insured.

10(f) Any discrimination by the concessionaire or his or her agents
11or employees against any person because of the marital status or
12ancestry of that person or any characteristic listed or defined in
13Section 11135 of the Government Code is prohibited.

14(g) To be effective, any modification of the concession contract
15shall be evidenced in writing.

16(h) Whenever a concession contract is terminated for substantial
17breach, there shall be no obligation on the part of the state to
18purchase any improvements made by the concessionaire.

19

SEC. 9.  

Section 5080.20 of the Public Resources Code is
20amended to read:

21

5080.20.  

A contract, including a contract entered into on lands
22operated pursuant to an agreement entered into under Article 2
23(commencing with Section 5080.30), that is expected to involve
24a total investment or estimated annual gross sales in excess of one
25million dollars ($1,000,000), shall not be advertised for bid,
26negotiated, renegotiated, or amended in any material respect unless
27and until all of the following requirements have been complied
28with:

29(a)  The commission has reviewed the proposed services,
30facilities, and location of the concession and determined that they
31meet the requirements of Sections 5001.9 and 5080.03 and are
32compatible with the classification of the unit in which the
33concession will be operated.

begin delete

34(b) The Legislature has reviewed and approved the proposed
35concession as part of the annual budget process or the requirements
36of subdivision (c) have been complied with. A proposed concession
37shall not be submitted for review by the Legislature until the
38commission has made its determination pursuant to subdivision
39(a), unless deferring review by the Legislature would be adverse
P15   1to the interests of the public, in which case the Legislature’s review
2may precede the commission’s determination.

3(c)  Following enactment of the Budget Bill, the board has
4determined that the proposed concession could not have been
5presented to the Legislature for review and approval in the course
6of its consideration of the Budget Bill, or the proposed concession
7was reviewed and approved but it is necessary to revise the terms
8of the invitation to bid or the contract in a material respect, and
9that it would be adverse to the interests of the public to defer that
10review and approval to a time when the Legislature next considers
11a Budget Bill. Upon making that determination, the board may
12review and approve the proposed concession, or any revision
13thereof, after giving at least 20 days’ written notice to the Chair
14of the Joint Legislative Budget Committee and to the chair of the
15fiscal and appropriate policy committees of its intended action.
16All actions taken by the board pursuant to this subdivision shall
17be reported to the Legislature in the next Governor’s Budget.

18(d)

end delete
begin insert

19(b) At least 30 days advance written notice of the proposed
20concession has been provided by the director to the appropriate
21policy and fiscal committees of the Legislature and the Joint
22Legislative Budget Committee.

end insert

23begin insert(c)end insert The proposed concession is accompanied with documentation
24sufficient to enablebegin delete the Legislature, the commission, and the board,
25as the case may be,end delete
begin insert the commission and the Joint Legislative
26Budget Committeeend insert
to ascertain whether the concession will conform
27to the requirements of this articlebegin delete and, as to the Legislature and
28the board,end delete
begin insert andend insert to evaluate fully all terms on which the concession
29is proposed to be let, including the rent and other returns anticipated
30to be received.



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