BILL ANALYSIS Ó
AB 549
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
549 (Levine)
As Amended August 31, 2015
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: |78-0 |(May 4, 2015) |SENATE: |40-0 |(September 1, |
| | | | | |2015) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: W., P., & W.
SUMMARY: Authorizes the Department of Parks and Recreation
(DPR) to accept donations for support of state parks, requires
proposed park concession contracts above a threshold to be
provided to the Joint Legislative Budget Committee for review
prior to approval, clarifies DPR's authority to enter into
agreements for acquisition and operation of cabins in state
parks, clarifies that concession contract renewals are subject
to competitive bidding requirements, and states legislative
intent to expedite implementation of recommended reforms of the
state park system.
The Senate amendments:
1)Authorize DPR to acquire and operate camping cabins and
parking facilities for recreational vehicles in state park
units, and to enter into agreements with nonprofit
AB 549
Page 2
organizations to acquire, install, and operate camping cabins
and parking facilities for recreational vehicles in state park
units.
2)Authorize DPR to accept donations of rights-of-way, buildings,
facilities and other improvements to be added to or used in
connection with the state park system.
3)Clarify DPR's authority to enter into an agreement to accept
funds or services from a person, educational institution,
tribal government, or other organization for the maintenance,
operation, restoration, repair, development, improvement, or
enhancement of a state park system unit, state beach, or
facility, or for research, educational, interpretive,
recreational, or visitor services provide on or for a state
park system unit. Provides that such funds or services shall
supplement but not replace existing resources for these
purposes.
4)Authorize DPR to provide free or reduced cost access to and
use of park facilities for entities that have entered into
agreements to donate funds or services to state parks, if the
public benefit to be provided exceeds or is of comparable
value to the access or use of the park facilities granted.
5)Require, with specified exceptions, that all concession
contract renewals be subject to competitive bidding
requirements. Requires state park concessionaires, upon
request of DPR, to provide an annual financial statement
prepared or audited by a certified public accountant.
6)Prohibit a proposed state park concession contract, expected
to involve a total investment or estimated annual gross sales
in excess of $1 million, from being advertised for bid,
negotiated, or materially amended unless and until at least 30
days advance written notice is provided to the appropriate
policy and fiscal committees of the Legislature and the Joint
AB 549
Page 3
Legislative Budget Committee for review.
EXISTING LAW:
1)Called for creation of the Parks Forward Commission to
undertake an independent, comprehensive review of the state
park system and make recommendations to the Legislature and
Governor to provide for long-term sustainability of state
parks.
2)Requires DPR to develop a revenue generation program as an
essential component of a long-term sustainable park funding
strategy. Requires DPR to develop revenue generation targets
for each district. Requires revenue generated by the revenue
generation program to be deposited in the State Parks &
Recreation Fund. Revenue in excess of the revenue targets is
to be transferred to the State Parks Revenue Incentives
Subaccount. Fifty percent of the revenues in the subaccount
are allocated to those districts that exceeded their revenue
targets, for improvement of the parks in that district.
3)Requires DPR to report to the Legislature by July 1 of each
year on the revenue distributed to each district from the
revenue generation incentives subaccount.
4)Prohibits a proposed state park concession contract expected
to involve a total investment or estimated annual gross sales
in excess of $500,000 from being advertised for bid,
negotiated, or materially amended unless and until all of the
following have occurred:
a) The State Park & Recreation Commission has reviewed the
proposed concession and determined that it meets
AB 549
Page 4
requirements of law and is compatible with the
classification of the park unit.
b) The Legislature has reviewed and approved the proposed
concession as part of the annual budget process, or,
following enactment of the Budget, the Public Works Board
determines that the concession could not be presented for
review as part of the budget process and it would be
adverse to the interests of the public to defer action, in
which case the Public Works Board may review and approve
the concession after giving the Joint Legislative Budget
Committee and the chair of the fiscal and appropriate
policy committees 20 days written notice.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)Unknown ongoing staffing costs, potentially minor to the low
hundreds of thousands of dollars (special fund) to review
additional agreements and contracts.
2)Unknown revenue increases (special fund) for additional
donations and benefits of agreements with DPR.
3)Unknown revenue losses (special fund) for free and reduced
costs access and use of state park units, which may be offset
by the benefits of agreements.
COMMENTS: This bill as passed by the Assembly stated
legislative intent to enact changes in law necessary to
facilitate and expedite implementation of reforms recommended by
the Parks Forward Commission to ensure a sustainable state park
system for California. It also required DPR to report to the
Legislature annually by December 31st on the revenue distributed
to each state park district pursuant to DPR's revenue generation
program. These provisions are still in this bill, plus a number
of additional provisions were added in the Senate to facilitate
implementation of transformation efforts underway at DPR. These
AB 549
Page 5
include provisions recommended by the Parks Forward Commission
and the transformation team that is working on implementation.
Specifically, this bill clarifies DPR's authority to acquire and
operate alternative overnight accommodations in state parks to
improve public access; to accept donations of funds, services,
and facilities for support of state parks; and to enhance
partnerships. This bill also improves the process for review
and approval of state park concession contracts, in order to
enhance efficiency, oversight and transparency.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0001803