BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 549|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 549
Author: Levine (D), et al.
Amended: 8/31/15 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/23/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 78-0, 5/4/15 (Consent) - See last page for
vote
SUBJECT: State park system
SOURCE: Author
DIGEST: This bill makes numerous changes to the operations of
state parks in regards to contracts, agreements, and donations
based largely on the reform recommendations of the Parks Forward
Commission.
ANALYSIS:
Existing law:
AB 549
Page 2
1)Vests the California Department of Parks and Recreation (DPR)
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)Establishes a revenue generation program at DPR that allows
the department to collect fees and rents at state parks, and
to sell additional annual and regional passes.
3)Adds, since 2013, legislative ex officio members to the
California State Parks and Recreation Commission.
4)Creates a citizen review panel, the Parks Forward Commission,
whose final report was released earlier this year.
5)Requires the Director of Finance 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)Authorizes DPR 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)Authorizes DPR to enter into concession contracts with private
businesses subject to the specified conditions.
This bill:
1)Contains findings and declarations regarding the purpose of,
and recommendations from the Parks Forward Commission.
2)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
to identify and implement opportunities to expand the
availability of affordable cabins or other similar
accommodations in state, local, and regional parks.
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3)Allows 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)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. 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)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,
development, improvement, 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)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.
AB 549
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7)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.
8)Contains other technical and clarifying changes from
Legislative Counsel.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, this bill will
have unknown ongoing staffing costs, potentially minor to the
low hundreds of thousands of dollars from a special fund, the
State Parks and Recreation Fund (SPRF), to review additional
agreements and contracts. Unknown revenue increases into SPRF
for additional donations and benefits of agreements with DPR.
Unknown SPRF losses for free and reduced costs access and use of
state park units, which may be offset by the benefits of
agreements.
SUPPORT: (Verified8/28/15)
California Council of Land Trusts
California State Parks Foundation
State Park Partners Coalition
OPPOSITION: (Verified8/28/15)
None received
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
AB 549
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increase affordable overnight accommodation options in state
parks. It also updates and makes more efficient the process for
approval of concession agreements.
ASSEMBLY FLOOR: 78-0, 5/4/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Dahle
Prepared by:William Craven / N.R. & W. / (916) 651-4116
8/31/15 16:32:26
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