BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 549 Hearing Date: June 23,
2015
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|Author: |Levine | | |
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|Version: |June 16, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: State park system.
BACKGROUND AND EXISTING LAW
1) The California Department of Parks and Recreation (DPR) is
vested with control of the state park system and responsibility
for administering, protecting, developing, and interpreting
state parks for the use and enjoyment of the public. DPR is also
responsible for protecting the state park system from damage and
preserving the peace.
2) Recent statutory changes that reacted to fiscal improprieties
at DPR established several reforms by which the department was
empowered to improve its own fiscal health. To that end:
a) The department's authority to collect fees, rents, and
other returns for the use of state parks was expanded;
b) It was authorized to sell additional annual and regional
passes and to enter a wider array of concession contracts; and
c) A revenue generation program was established.
Also, ex-officio legislative members to the California State
Parks and Recreation Commission were added, and state law also
directed the establishment of a citizen review panel, the Parks
Forward Commission, whose final report was released earlier this
year.
3) The key recommendations of the Parks Forward Commission were
to:
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a) Create a "transformation team" within the department to
improve internal procedures including technologies to assist
with budgeting, planning, and project implementation;
b) Improve relationships with nonprofits and other
partners;
c) Develop an outside support entity to help the
department with marketing, financial, and other aspects of the
department's work where an outside entity with greater business
experience would be useful
d) Improve cultural and resource protection programs;
e) Expand access to parks including to those from park-poor
and other disadvantaged communities.
4) These recent changes were a part of what has developed into a
concerted, year-by-year approach to reforms at the department by
the Legislature. This bill, along with SB 204 (Pavley), are
examples of that approach in 2015.
5) The Director of Finance is required to approve all gifts,
bequests, etc., in any amount that are given to DPR, except for
a certain historic artifacts that are valued at less than
$15,000.
6) DPR is authorized pursuant to Public Resources Code section
5009.1 to enter into agreements to accept funds from any person,
corporation, or business entity for the maintenance or operation
on a nonprofit basis, of a state park unit.
7) DPR may enter into concession contracts with private
businesses subject to the specified conditions.
PROPOSED LAW
This bill has several provisions.
1) It contains findings and declarations regarding the purpose
of, and recommendations from the Parks Forward Commission.
2) One of those recommendations focused on the need to expand
the availability of safe, clean, and affordable cabins and
similar overnight accommodations in state and local parks as an
important means of providing equitable park access and building
public support for parks statewide. In particular, coastal parks
have been identified as those where lower-cost overnight
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accommodations are in high demand and low supply. The bill
contains a statement of legislative intent that the California
Coastal Commission, the State Coastal Conservancy and DPR
develop a proposal using existing and possibly future revenues
that may identify and implement opportunities to expand the
availability of affordable cabins or other similar
accommodations in state, local, and regional parks.
3) Section 5003.4 of the Public Resources Code is proposed to be
amended to allow DPR to acquire and install camping cabins,
parking facilities for recreational vehicles, and any associated
access and public safety facilities with state parks provided
the operation is consistent with the classification of that park
unit and with a general plan of that unit if one is in effect.
Further, the department may enter into agreements with qualified
nonprofits to acquire, install, and operate these cabins,
parking facilities for recreational vehicles, and any associated
access and public safety features provided such agreements
comply with the terms of Section 5080.42. That section is the
main provision in the Public Resources Code authorizing DPR to
enter into operating agreements with nonprofits.
4) The bill expands the department's authority to accept various
gifts and interests in real property to include buildings,
facilities, and other improvements to be used in connection with
the park system. The bill establishes a $100,000 cap for
conditional gifts or bequests gifts that the department can
accept without approval from the Director of Finance.
Conditional gifts or bequests are those that require the gift to
be used at a certain park or for specified purposes. DPR must
annually report such gifts to the Director of Finance.
5) The bill expands the authority of DPR to accept funds for the
operations of state parks units. The new authority allows DPR to
enter into agreements for the restoration, repair, or
enhancement of state park units and deletes the requirement that
such funds be contributed on a nonprofit basis. It also deletes
the requirement that such funds must be prioritized to prevent
park closures or to reduce hours of service to the public. This
provision also allows DPR to provide free access to and use of
park facilities to entities that have entered into agreements
pursuant to this section.
6) The bill directs DPR to develop a statewide policy for
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assessment of fees that balances the state's goals of
sustainable revenue generation with the equally important goal
of preserving affordable public access to public lands,
including lands in the coastal zone. Factors DPR is directed to
include in developing a statewide fee policy are:
a) To the extent feasible, ensure that fees are not a
deterrent to equitable public access and are comparable to fees
charged for other similar services.
b) The appropriate role of user fees as part of an overall,
equitable, and sustainable revenue generation strategy that
includes a proper balance of public funding and earned revenue
to support state parks;
c) Base a fee policy on uniform principles that reflect
different levels of services provided at different parks, the
department's goals for service-based budgeting, and the best
practices for pricing that align policy goals with visitor
expectations. To the extent feasible, fees should be
commensurate with the benefits and services provided to
visitors.
d) Establish a process for setting and approving all fee
rate changes.
e) Provide for public accountability and transparency, and
advance public notice for proposed changes to fee schedules.
7) DPR is authorized to consult with the National Park Service
for guidance in developing a statewide fee policy.
8) DPR must conduct public workshops on developing a statewide
fee policy and may seek assistance with scheduling and
conducting of the workshops from the State Park and Recreation
Commission.
9) DPR must report to the Legislature on the statewide fee
policy on or before December 31, 2016.
10) The fee schedule must be publicly available on the
department's website which must be updated to reflect any
changes in the fee structure.
11) The bill contains a statement of intent that the department
also continue its efforts to accept modern fee collection and
payment options, including cash, credit card, and smart phone
technologies.
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12) DPR is authorized to include additional options in its fee
policy, including hourly fees, regional passes, and promotional
free-day events. It is also authorized to explore opportunities
for collaborative fee arrangements and passes with other
federal, state, and local park agencies.
13) The bill proposes a change to concession contracts that are
entered into between the department and private firms that
provide specified services at state parks. The change allows DPR
to request an annual financial statement prepared or audited by
a certified public accountant. Additionally, a technical change
regarding the public bid process for concession contracts is
proposed.
14) The bill raises the cap on concession contracts that are not
subject to various contract requirements from $500,000 to
$1,000,000 in total sales or investment value.
15) The bill contains other technical and clarifying changes
from Legislative Counsel.
ARGUMENTS IN SUPPORT
According to the author, AB 549 will facilitate implementation
of the Parks Forward Commission recommendations to improve and
strengthen the management of California's state park system,
enhance the tools available to DPR to facilitate partnerships
agreements, generate increased revenue, and promote public
access to state parks. Among other things, this bill enhances
opportunities for DPR to develop mutually beneficial
partnerships with nonprofit organizations, accept philanthropic
contributions to support parks, and increase affordable
overnight accommodation options in state parks. It also updates
and makes more efficient the process for approval of concession
agreements. Finally, it calls for a statewide fee policy that
balances the Legislature's goals of affordable public access to
state parks and mission-consistent revenue generation
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
In discussions with the author, two amendments are proposed. The
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first adds a finding and declaration that the agreements with
nonprofits to provide tents or other lodging not compete with
existing concession contracts through which comparable services
are provided.
The second is a series of clarifying amendments to Section
5009.1 regarding funds provided by other entities to DPR.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 4, line 36, add (b): It is the intent of the Legislature
in enacting the changes to Section 5003.4 in this bill, that
such agreements not compete with existing concession contracts
through which comparable services are provided.
AMENDMENT 2
This amendment to Public Resources Code section 5009.1 adds
academic or educational institutions and tribal governments to
those entities authorized to enter into agreements to provide
funds to the department. It borrows existing language from a
related provision that authorized the department to erect
signage recognizing the sponsorship of the donor, consistent
with the rules and regulations of the department. It also
broadens the scope of such agreements to include research,
educational, interpretative, recreational or visitor services.
The provision allowing DPR to provide free access and use of
park facilities will be subject to a requirement that the
benefit provided by the agreement exceeds or is of comparable
value to any use of park facilities granted.
A mock up of the proposed section is below.
5009.1 (a) The department may enter into an agreement to accept
funds from any person, corporation, or other business entity,
academic or educational institution, tribal government , or
organization for the maintenance , or operation, restoration,
repair or enhancement on a nonprofit basis of a designated state
park system unit or facility or for research, educational,
interpretive, recreational, or visitor services provided on or
for a state park system unit or facility . Any funds so received
shall be deposited in a separate account in the State Park
Contingent Fund. The funds received shall supplement existing
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resources for the purpose of enhancing the maintenance or
operation of the unit or facility or increasing, enhancing, or
establishing services delivered to park visitors ., with priority
given to preventing closure or reduced hours of service to the
public. The department and the sponsoring person, entity,
government , or organization shall specify in the agreement the
level of service which is to be performed.
(1) The director may authorize the erection of appropriate
signage in recognition of the donation or sponsorship,
consistent with existing law and with the rules and regulations
of the department regarding signs in units of the state park
system.
(b) The department may enter into an agreement to accept
services from any person, corporation, or other business entity,
academic or educational institution, tribal government , or
organization for the cleanup, repair, restoration or enhancement
of any designated state park system unit or facility or for
research, educational, interpretive, recreational, or visitor
services provided on or for a state park system unit or
facility . Under the direction of the department, these services
shall supplement, but not replace existing staff resources for
the purpose of enhancing the maintenance and operation of the
unit or facility or increasing, enhancing, or establishing
services delivered to park visitors .
(1) The director may authorize the erection of an appropriate
sign in recognition of the sponsorship, consistent with existing
law and with the rules and regulations of the department
regarding signs in units of the state park system.
(c) The department, at its discretion, may provide access to and
use of park facilities to entities that have entered into
agreements as described in this section as long as the public
benefit provided by the agreement exceeds or is of comparable
value to any use of park facilities granted.
In addition, the same provisions would apply to state beaches.
SUPPORT
California State Parks Foundation
OPPOSITION
None Received
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