Amended in Senate August 31, 2015

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 5080.20begin delete of, and to add Section 5010.3 to,end deletebegin insert ofend insert 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 tobegin delete installend deletebegin insert install,end insert 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, camping cabins and parking facilities for recreational vehicles 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,begin insert development, improvement,end insert 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 orbegin delete reduced costend deletebegin insert reduced-costend insert 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,begin insert development, improvement,end insert 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 orbegin delete reduced costend deletebegin insert reduced-costend insert 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 requires 50% of certain program revenues deposited into the subaccount generated by a park district to be allocated 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 delete

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.

end delete
begin delete

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 to update the fee schedule on its Internet Web site to reflect fee-rate changes.

end delete

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 of $1,000,000 and would revise those contract requirements, as specified.

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) In 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.

5(c) It is the intent of the Legislature in enacting the changes to
6Section 5003.4 of the Public Resources Code made by this act that
7agreements entered into pursuant to subdivision (b) of that section
8not compete with existing concession contracts through which
9comparable services, as determined by the department, are or could
10 be provided.

11

SEC. 2.  

Section 5003.4 of the Public Resources Code is
12amended to read:

13

5003.4.  

(a) There shall be provided in each state park in which
14camping is permitted those parking facilities for recreational
15vehicles, as defined by Section 18010 of the Health and Safety
16Code, that can be accommodated within the park consistent with
17the objective of providing camping facilities for the public in these
18parks. In addition, the Department of Parks and Recreation may
19acquire, install or permit the installation of, and operate or permit
20the operation of, camping cabins, as defined by Section 18862.5
21of the Health and Safety Code, and parking facilities for
22recreational vehicles within the units of the state park system, if
23the installation and operation is consistent with the classification
24of the park system unit and with the general plan of the unit, if one
25exists.

26(b) The department may enter into agreements with qualified
27nonprofit organizations, as defined in subdivision (g)begin insert ofend insert Section
285080.42, for acquisition, installation, and operation of camping
29cabins or parking facilities for recreational vehicles as described
30in subdivision (a), within units of the state park system. The
31agreements shall be subject to the requirements of Section 5080.42.

32

SEC. 3.  

Section 5005 of the Public Resources Code is amended
33to read:

34

5005.  

(a) The department may receive and accept in the name
35of the people of the state any gift, dedication, devise, grant, or
36other conveyance of title to or any interest in real property,
37including water rights, roads, trails, rights-of-way, buildings,
38facilities, and other improvements, to be added to or used in
39connection with the state park system. It may receive and accept
40gifts, donations, contributions, or bequests of money to be used in
P6    1acquiring title to or any interest in real property, or in improving
2it as a part of or in connection with the state park system, or to be
3used for any of the purposes for which the department is created.
4It may also receive and accept personal property for any purpose
5connected with the park system.

6(b) Subdivision (a) is subject to the requirements and exceptions
7set forth in Section 11005 of the Government Code, except that
8conditional gifts or bequests of money valued at one hundred
9thousand dollars ($100,000) or less, shall not require the approval
10of the Director of Finance.

11(c) The department shall annually report to the Department of
12Finance all conditional gifts or bequests of money valued at one
13hundred thousand dollars ($100,000) or less that it accepts and
14receives pursuant to subdivision (b).

15

SEC. 4.  

Section 5009.1 of the Public Resources Code is
16amended to read:

17

5009.1.  

(a) The department may enter into an agreement to
18accept funds from any person, educational institution, tribal
19government, corporation or other business entity, or organization
20for the maintenance, operation, restoration, repair,begin insert development,
21improvement,end insert
or enhancement of a designated state park system
22unit or facility, or for research, educational, interpretive,
23recreational, or visitor services provided on or for a designated
24state park system unit or facility. Any funds so received shall be
25deposited in a separate account in the State Park Contingent Fund.
26The funds received shall supplement, but not replace, existing
27resources for the maintenance, operation, restoration, repair,
28begin insert development, improvement,end insert or enhancement of the unit or facility,
29or for establishing or enhancing park services provided to visitors.
30The department and the sponsoring or donating person, entity,
31government, or organization shall specify in the agreement the
32level of service that is to be performed.

33(b) The department may enter into an agreement to accept from
34any person, educational institution, tribal government, corporation
35or other business entity, or organization services for the cleanup,
36repair,begin insert development, improvement,end insert restoration, or enhancement of
37any designated state park system unit or facility, or for research,
38educational, interpretive, recreational, or visitor services provided
39on or for a state park system unit or facility. Under the direction
40of the department, these services shall supplement, but not replace,
P7    1existing staff resources for the purpose of enhancing the
2maintenance and operation of the unit or facility or for establishing
3or enhancing park services provided to visitors.

4(c) The director may authorize the erection of an appropriate
5sign in recognition of a donation or sponsorship provided in
6accordance with this section, consistent with existing law and with
7the rules and regulations of the department regarding signs in units
8of the state park system.

9(d) The department may provide free orbegin delete reduced costend delete
10begin insert reduced-costend insert access to, and use of, park facilities to entities that
11have entered into agreements as described in this section, if the
12public benefit to be provided pursuant to the agreement exceeds
13or is of comparable value, as determined by the department, to the
14access to or use of park facilities granted.

15

SEC. 5.  

Section 5009.2 of the Public Resources Code is
16amended to read:

17

5009.2.  

(a) The department may enter into an agreement to
18accept funds from any person, business entity, educational
19institution, tribal government, or organization for the maintenance,
20operation, restoration, repair,begin insert development, improvement,end insert or
21enhancement of a state beach, any other unit of the state park
22system that encompasses a beach, or any area or facility of the
23state beach or other unit, or for research, educational, interpretive,
24recreational, or visitor services provided on or for a state beach,
25any other unit of the state park system that encompasses a beach,
26or any area or facility of the state beach or other unit. Any funds
27so received shall be deposited in a separate account in the State
28Park Contingent Fund. The funds received shall supplement, but
29not replace, existing resources for the purposes of enhancing the
30maintenance, operation, restoration, repair,begin insert development,
31improvement,end insert
or enhancement of the state beach, other unit of the
32state park system that encompasses a beach, or area or facility of
33the state beach or other unit, or for establishing or enhancing beach
34services provided to visitors. The department and the sponsoring
35or donating person, business entity, government, or organization
36may specify in the agreement the level of maintenance, operation,
37restoration, repair,begin insert development, improvement,end insert or enhancement
38 that will be performed.

39(b) The department may also enter into an agreement to accept
40from any person, educational institution, tribal government,
P8    1business entity, or organization services for the operation,
2restoration, repair,begin insert development, improvement,end insert maintenance, or
3enhancement of a state beach, other unit of the state park system
4that encompasses a beach, or area or facility of the state beach or
5other unit, or forbegin delete researchend deletebegin insert research,end insert educational, interpretive,
6recreational, or visitor services provided on or for a state beach,
7other unit of the state park system that encompasses a beach, or
8area or facility of the state beach or other unit. Under the direction
9of the department, those services shall supplement, but not replace,
10existing staff resources for the purposes of operation, restoration,
11repair,begin insert development, improvement,end insert maintenance, or enhancement
12of the state beach, other unit of the state park system that
13encompasses a beach, or area or facility of the state beach or other
14unit.

15(c) The director may authorize the erection of an appropriate
16sign in recognition of a donation or sponsorship provided in
17accordance with this section, in accordance with department rules
18and regulations regarding signs in the state park system.

19(d) The department may provide free orbegin delete reduced costend delete
20begin insert reduced-costend insert access to, and use of, beach facilities to entities that
21have entered into agreements as described in this section, if the
22public benefit to be provided pursuant to the agreement exceeds
23or is of comparable value, as determined by the department, to the
24access to or use of beach facilities granted.

25(e) The activities authorized by this section shall be implemented
26as part of the department’s Adopt-A-Beach program.

begin delete
27

SEC. 6.  

Section 5010.3 is added to the Public Resources Code,
28to read:

29

5010.3.  

(a) The department shall develop a statewide policy
30for assessment of fees pursuant to Section 5010 that balances the
31state’s goal of sustainable revenue generation to support state
32parks, with the state’s goal of preserving affordable public access
33to public lands, including, but not limited to, lands in the coastal
34zone. The fee policy shall, at a minimum, do all of the following:

35(1) To the extent feasible, ensure that fees do not serve as a
36deterrent to equitable public access and are comparable to fees
37charged for other similar services.

38(2) Reflect the appropriate role of user fees as part of an overall,
39equitable, and sustainable revenue generation strategy that includes
P9    1a proper balance of public funding and earned revenue to support
2state parks.

3(3) Be based on uniform principles that reflect the different
4levels of services provided at different parks, the department’s
5goals for service-based budgeting, and the best practices for pricing
6that align policy goals with visitor expectations. To the extent
7feasible, fees should be commensurate with the benefits and
8services provided to visitors.

9(4) Describe the process for setting and approving all
10fee-schedule changes.

11(5) Provide for public accountability and transparency, and
12advance public notice for proposed changes to fee schedules.

13(b) The department may consult with the National Park Service
14for guidance in developing a statewide fee policy.

15(c) The department shall conduct public workshops on
16development of the statewide fee policy and may seek assistance
17with scheduling and conducting of the workshops from the State
18Park and Recreation Commission.

19(d) (1) The department shall report to the Legislature on the
20statewide fee policy on or before December 31, 2016.

21(2) The report required pursuant to paragraph (1) shall be
22submitted in compliance with Section 9795 of the Government
23Code.

24(3) This subdivision shall be inoperative on December 31, 2020,
25pursuant to Section 10231.5 of the Government Code.

26(e) The department shall make its fee schedule publicly available
27on the department’s Internet Web site and update the fee schedule
28to reflect any fee-rate changes.

29(f) It is the intent of the Legislature that the department, in
30addition to developing a statewide fee policy, provide convenient
31and cost effective options for fee payment and collection by
32expanding and integrating fee collection methodologies across the
33state park system and offering modern fee collection and payment
34options that include, but are not necessarily limited to, cash, credit
35card, and smart phone technology, if appropriate.

36(g) The department may also implement additional options,
37including hourly fees, regional passes, and promotional free-day
38annual events, and explore opportunities for collaborative fee
39arrangements and passes with other federal, state, and local park
40agencies, if appropriate.

end delete
P10   1

begin deleteSEC. 7.end delete
2begin insertSEC. 6.end insert  

Section 5010.7 of the Public Resources Code is
3amended to read:

4

5010.7.  

(a) The department shall develop a revenue generation
5program as an essential component of a long-term sustainable park
6funding strategy. On or before July 1, 2014, and annually thereafter,
7the department shall assign a revenue generation target to each
8district under the control of the department. The department shall
9develop guidelines for districts to report the use of funds generated
10by the revenue generation program, and shall post information and
11copies of the reports on its Internet Web site.

12(b) The California State Park Enterprise Fund is hereby created
13in the State Treasury as a working capital fund, and the revenue
14shall be available to the department upon appropriation by the
15Legislature for capital outlay or support expenditures for revenue
16generating investments in state parks. These investments may
17include, but are not limited to, planning and implementation of a
18statewide electronic fee collection system that includes installation
19of modern fee collection equipment and technologies to enhance
20collection of state park users fees and that will enable park users
21to pay fees with commonly used forms of electronic fund transfers,
22including, but not limited to, credit and debit card transactions,
23and other park revenue generating projects, and shall be available
24for encumbrance and expenditure until June 30, 2019, and for
25liquidation until June 30, 2021.

26(1) The department shall prepare guidelines for districts to apply
27for funds for capital projects that are consistent with this
28subdivision.

29(2) The guidelines prepared pursuant to this subdivision shall
30require all of the following:

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

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

33(C) A projection of revenue, including annual income, fees, and
34projected usage rates.

35(D) A projection of costs, including design, planning,
36construction, operation, staff, maintenance, marketing, and
37information technology.

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

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

P11   1(c) The revenue generated by the revenue generation program
2developed pursuant to subdivision (a) shall be deposited into the
3 State Parks and Recreation Fund. Revenue identified as being in
4excess of the revenue targets shall be transferred to the State Parks
5Revenue Incentive Subaccount, established pursuant to Section
65010.6, on or before June 1, annually.

7(d) Moneys transferred to the State Parks Revenue Incentive
8Subaccount pursuant to subdivision (c) shall be expended as
9follows:

10(1) (A) The department shall allocate 50 percent of the total
11amount of revenues deposited into the State Parks Revenue
12Incentive Subaccount pursuant to subdivision (c), generated by a
13park district to that district if the amount of revenues generated
14exceeds the targeted revenue amount prescribed in the revenue
15generation program. The revenues to be allocated to a park district
16that fails to achieve the revenue target shall remain in the
17subaccount.

18(B) With the approval of the director, each district shall use the
19funds it receives pursuant to this section to improve the parks in
20that district through revenue generation programs and projects and
21other activities that will assist in the district’s revenue generation
22activities, and the programs, projects, and other activities shall be
23consistent with the mission and purpose of each unit and with the
24plan developed for the unit pursuant to subdivision (a) of Section
255002.2.

26(C) The department shall report to the Legislature, commencing
27on July 1, 2014, and annually on or before each December 31
28thereafter, on the revenue distributed to each district pursuant to
29this section.

30(2) The department shall use 50 percent of the funds deposited
31into the State Parks Revenue Incentive Subaccount pursuant to
32subdivision (c) for the following purposes:

33(A) To fund the capital costs of construction and installation of
34new revenue and fee collection equipment and technologies and
35other physical upgrades to existing state park system lands and
36facilities.

37(B) For costs of restoration, rehabilitation, and improvement of
38the state park system and its natural, historical, and visitor-serving
39resources that enhance visitation and are designed to create
40opportunities to increase revenues.

P12   1(C) For costs to the department to implement the action plan
2required to be developed by the department pursuant to Section
35019.92.

4(D) Pursuant to subdivision (c) of Section 5010.6, for
5expenditures to support revenue generation projects that include,
6but are not limited to, staffing kiosks, campgrounds, and parking
7lots.

8(e) The funds generated by the revenue generation program
9shall not be used by the department to expand the park system,
10unless there is significant revenue generation potential from such
11an expansion.

12(f) Notwithstanding Section 5009, moneys received by the
13department from private contributions and other public funding
14sources may also be deposited into the California State Park
15Enterprise Fund and the State Parks Revenue Incentive Subaccount
16for use for the purposes of subdivision (c) and subdivision (d).

17(g) The department shall provide all relevant information on its
18Internet Web site concerning how funds in the State Parks and
19Recreation Revenue Incentive Subaccount and the California State
20Park Enterprise Fund are spent.

21(h) The department may recoup its costs for implementing and
22administering the working capital from the fund.

23

begin deleteSEC. 8.end delete
24begin insertSEC. 7.end insert  

Section 5080.18 of the Public Resources Code is
25amended to read:

26

5080.18.  

All concession contracts entered into pursuant to this
27article shall contain, but are not limited to, all of the following
28provisions:

29(a) (1) The maximum term shall be 10 years, except that a term
30of more than 10 years may be provided if the director determines
31that the longer term is necessary to allow the concessionaire to
32amortize improvements made by the concessionaire, to facilitate
33the full utilization of a structure that is scheduled by the department
34for replacement or redevelopment, or to serve the best interests of
35the state. The term shall not exceed 20 years without specific
36authorization by statute. Except as provided in Section 5080.16,
37all renewals of concession contracts pursuant to this paragraph
38shall be subject to competitive bidding requirements.

39(2) The maximum term shall be 50 years if the concession
40contract is for the construction, development, and operation of
P13   1multiple-unit lodging facilities equipped with full amenities,
2including plumbing and electrical, that is anticipated to exceed an
3initial cost of one million five hundred thousand dollars
4($1,500,000) in capital improvements in order to begin operation.
5The term for a concession contract described in this paragraph
6shall not exceed 50 years without specific authorization by statute.
7Except as provided in Section 5080.16, all renewals of concession
8contracts pursuant to this paragraph shall be subject to competitive
9bidding requirements.

10(3) Notwithstanding paragraph (1), a concession agreement at
11Will Rogers State Beach executed prior to December 31, 1997,
12including, but not limited to, an agreement signed pursuant to
13Section 25907 of the Government Code, may be extended to exceed
1420 years in total length without specific authorization by statute,
15upon approval by the director and pursuant to a determination by
16the director that the longer term is necessary to allow the
17concessionaire to amortize improvements made by the
18concessionaire that are anticipated to exceed one million five
19hundred thousand dollars ($1,500,000) in capital improvements.
20Any extensions granted pursuant to this paragraph shall not be for
21more than 15 years.

22(b) Every concessionaire shall submit to the department all sales
23and use tax returns and, at the request of the department, provide
24an annual financial statement prepared or audited by a certified
25public accountant.

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

27(d) A performance bond shall be obtained and maintained by
28the concessionaire. In lieu of a bond, the concessionaire may
29substitute a deposit of funds acceptable to the department. Interest
30on the deposit shall accrue to the concessionaire.

31(e) The concessionaire shall obtain and maintain in force at all
32times a policy of liability insurance in an amount adequate for the
33nature and extent of public usage of the concession and naming
34the state as an additional insured.

35(f) Any discrimination by the concessionaire or his or her agents
36or employees against any person because of the marital status or
37ancestry of that person or any characteristic listed or defined in
38Section 11135 of the Government Code is prohibited.

39(g) To be effective, any modification of the concession contract
40shall be evidenced in writing.

P14   1(h) Whenever a concession contract is terminated for substantial
2breach, there shall be no obligation on the part of the state to
3purchase any improvements made by the concessionaire.

4

begin deleteSEC. 9.end delete
5begin insertSEC. 8.end insert  

Section 5080.20 of the Public Resources Code is
6amended to read:

7

5080.20.  

A contract, including a contract entered into on lands
8operated pursuant to an agreement entered into under Article 2
9(commencing with Section 5080.30), that is expected to involve
10a total investment or estimated annual gross sales in excess of one
11million dollars ($1,000,000), shall not be advertised for bid,
12negotiated, renegotiated, or amended in any material respect unless
13and until all of the following requirements have been complied
14with:

15(a)  The commission has reviewed the proposed services,
16facilities, and location of the concession and determined that they
17meet the requirements of Sections 5001.9 and 5080.03 and are
18compatible with the classification of the unit in which the
19concession will be operated.

20(b) At least 30 days advance written notice of the proposed
21concession has been provided by the director to the appropriate
22policy and fiscal committees of the Legislature and the Joint
23Legislative Budget Committee.

24(c) The proposed concession is accompanied with documentation
25sufficient to enable the commission and the Joint Legislative
26Budget Committee to ascertain whether the concession will
27conform to the requirements of this article and to evaluate fully
28all terms on which the concession is proposed to be let, including
29the rent and other returns anticipated to be received.



O

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