California Legislature—2015–16 Regular Session

Assembly Bill No. 1579

Introduced by Assembly Member Travis Allen

January 5, 2016

An act to amend Section 5080.40 of the Public Resources Code, relating to parks and monuments.

LEGISLATIVE COUNSEL’S DIGEST

AB 1579, as introduced, Travis Allen. Parks and monuments: operating leases or agreements.

Existing law authorizes the Department of Parks and Recreation to enter into agreements with an agency of the United States, a city, county, district, or other public agency, or any combination thereof, for the care, maintenance, administration, and control by a party to the agreement of lands under the jurisdiction of a party to the agreement, for the purpose of the state park system. Existing law prohibits the department from entering into an operating lease or agreement, or amendment, unless one of 2 conditions are met including if, following enactment of the annual Budget Act, the State Public Works Board determines, among other things, that the proposed lease or agreement, or amendment, could not have been presented to the Legislature for review during the annual budget process, as provided. In those circumstances existing law authorizes the board to review and approve the proposed lease or agreement, or amendment, no earlier than 20 days after it has provided written notification to the chairpersons of certain legislative committees, as provided.

This bill would instead authorize the board to review and approve a proposed lease or agreement, or amendment, no earlier than 30 days after it has provided written notification to the chairpersons of those legislative committees, as provided.

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

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

SECTION 1.  

Section 5080.40 of the Public Resources Code
is amended to read:

5080.40.  

(a)  begin delete No end delete begin insert An end insert operating lease or agreement shall begin insert not end insert be
entered into, or amended, pursuant to this article unless one of the
following begin delete has occurred: end delete begin insert occurs: end insert

(1) The Legislature begin delete has reviewed end delete begin insert reviews end insert the lease or agreement,
or amendment, as part of the annual budget begin delete process or the
requirements of paragraph (2) have been met. end delete begin insert process. end insert

(2) Following enactment of the annual Budget Act, the State
Public Works Board determines that the proposed lease or
begin delete agreement or amendment end delete begin insert agreement, or amendment, end insert could not
have been presented to the Legislature for review during the annual
budget process, or that the proposed lease or begin delete agreement or
amendment end delete begin insert agreement, or amendment, end insert was reviewed during the
annual budget process but it is necessary to revise the terms of the
lease or begin delete agreement or amendment end delete begin insert agreement, or amendment, end insert in a
material respect, and the State Public Works Board determines
that it is adverse to the interests of the public to defer that review
to the next annual budget process. Upon making its determination,
the State Public Works Board may review and approve the
proposed lease or begin delete agreement end delete begin insert agreement, end insert or amendment, or any
revision thereof, begin delete not sooner end delete begin insert no earlier end insert than begin delete 20 end delete begin insert 30 end insert days after begin delete the
board has provided end delete begin insert providing end insert written notification to the
Chairperson of the Joint Legislative Budget Committee, the
Chairperson of the Assembly begin delete Ways and Means Committee, end delete
begin insert Committee on Appropriations, end insert and the Chairperson of the Senate
begin delete Budget and Fiscal Review end delete Committee begin insert on Budget and Fiscal Review end insert
of the intended action. begin delete All actions end delete begin insert An action end insert taken by the State
Public Works Board pursuant to this paragraph shall be reported
to the Legislature in the next Governor’s Budget.

(b) The department shall include with the proposed lease or
begin delete agreement or amendment end delete begin insert agreement, or amendment, end insert sufficient
documentation to enable the Legislature or the State Public Works
Board, as the case may be, to evaluate fully the estimated operating
costs and revenues and all terms upon which the lease or begin delete agreement
or amendment end delete begin insert agreement, or amendment, end insert is proposed to be entered
into. Specifically, the documentation shall identify both of the
following:

(1) Any anticipated costs to the state for operation or
development under the lease or begin delete agreement or amendment end delete
begin insert agreement, or amendment, end insert and the anticipated state share of total
operation and development costs.

(2) The anticipated annual revenues, net of operation costs, for
the unit and the state’s share of these revenues.

(c) Leases or agreements shall be exempt from subdivisions (a)
and (b) when all of the following conditions exist:

(1) The lease or agreement involves operation of only a portion
of a unit of the state park system.

(2) The term of the lease or agreement is for a period of 20 years
or less.

(3) The lease’s or agreement’s impact to the unit, including
concessions revenue, will not exceed five hundred thousand dollars
($500,000) in annual gross revenue generated on the property.

(4) The lease or agreement begin delete involves no end delete begin insert does not involve a end insert
significant change in state operational funding or staffing levels,
and does not include present or future state expenditures for
development of the unit.

(d)  begin delete Amendments end delete begin insert An amendment end insert to begin insert an end insert existing begin delete leases end delete begin insert lease end insert or
begin delete agreements end delete begin insert agreement end insert shall be exempt from subdivisions (a) and
(b) when all of the following conditions exist:

(1) The amendment involves operation of only a portion of a
unit of the state park system.

(2) The amendment’s impact to the unit will not exceed five
hundred thousand dollars ($500,000) in annual gross revenue
generated on the property.

(3) The amendment begin delete involves no end delete begin insert does not involve a end insert significant
change in state operational funding or staffing levels, and does not
include present or future state expenditures for development of
the unit.