California Legislature—2015–16 Regular Session

Assembly BillNo. 2549


Introduced by Committee on Water, Parks, and Wildlife (Assembly Members Levine (Chair), Bigelow (Vice Chair), Dodd, Cristina Garcia, Gomez, Harper, Lopez, Medina, Salas, and Williams)

February 19, 2016


An act to amend Sections 5003.17 and 5080.40 of the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

AB 2549, as introduced, Committee on Water, Parks, and Wildlife. State park system.

Existing law authorizes the Department of Parks and Recreation to lease, for any use, all or any portion of any parcel of real property for state park system purposes if the Director of Parks and Recreation makes certain findings, and prohibits, among other terms and conditions, any such lease from extending beyond a 10-year period unless the Legislature or the State Public Works Board reviews and approves the proposed lease, as provided. Existing law also prohibits the department from entering into an operating lease or agreement or amendment with any public agency for the care, maintenance, administration, and control of certain lands for the state park system unless either the Legislature or the State Public Works Board reviews the lease, agreement, or amendment, as specified.

This bill would, in those circumstances, instead require the director to provide at least 30 days’ advance written notice of the proposed lease, operating lease, agreement, or amendment, along with specified documentation, to the appropriate policy and fiscal committees of the Legislature and to the Joint Legislative Budget Committee.

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

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

P2    1

SECTION 1.  

Section 5003.17 of the Public Resources Code
2 is amended to read:

3

5003.17.  

(a) The department may lease, for any use, all or any
4portion of any parcel of real property acquired for state park system
5purposes, if the director finds that the use would be compatible
6with the use of the real property as a unit or part of a unit and with
7the sound management and conservation of resources within the
8unit.

9(b) Rent shall be based on the fair market value of the property
10when used for the purpose for which it is leased. All rent shall be
11deposited pursuant to Section 5010.

12(c) The lease term shall not exceed 10 years. All leases are
13subject to the approval of the Department of General Services.

14(d) No lease shall be entered into that extends beyond the
1510-year period unless begin delete the Legislature has reviewed and approved
16the proposed lease as part of the annual budget process, or the
17Public Works Board has determined that the proposed lease could
18not have been presented to the Legislature for review and approval
19in the course of its consideration of the Budget Bill and that it
20would be adverse to the interests of the public to defer that review
21and approval to a time when the Legislature next considers a
22Budget Bill. Upon making that determination, the board may
23review and approve the proposed lease after giving at least 20
24days’ written notice to the Chairperson of the Joint Legislative
25Budget Committee and to the chairperson of the fiscal and
26appropriate policy committees of its intended action. All actions
27taken by the board pursuant to this subdivision shall be reported
28to the Legislature in the next Governor’s Budget.end delete
begin insert both of the
29following occur:end insert

begin insert

30(1) At least 30 days’ advance written notice of the proposed
31lease, including a copy of the proposed lease, has been provided
32by the director to the appropriate policy and fiscal committees of
33the Legislature and the Joint Legislative Budget Committee.

end insert
begin insert

34(2) The director includes with the proposed lease sufficient
35documentation to enable the Joint Legislative Budget Committee,
P3    1and the other committees, to determine whether the lease will
2conform to the requirements of this article and to evaluate fully
3all terms upon which the lease is proposed to be let, including the
4rent and other returns anticipated to be received.

end insert
5

SEC. 2.  

Section 5080.40 of the Public Resources Code is
6amended to read:

7

5080.40.  

(a) No operating lease or agreement shall be entered
8into, or amended, pursuant to this article unlessbegin delete one of the
9following has occurred:end delete
begin insert at least 30 daysend insertbegin insert’ advance written notice
10of the proposed operating lease or agreement or amendment,
11including a copy of the proposed lease or agreement or
12amendment, has been provided by the director to the appropriate
13policy and fiscal committees of the Legislature and the Joint
14Legislative Budget Committee.end insert

begin delete

15(1) The Legislature has reviewed the lease or agreement, or
16amendment, as part of the annual budget process or the
17requirements of paragraph (2) have been met.

end delete
begin delete

18(2) Following enactment of the annual Budget Act, the State
19Public Works Board determines that the proposed lease or
20agreement or amendment could not have been presented to the
21Legislature for review during the annual budget process, or that
22the proposed lease or agreement or amendment was reviewed
23during the annual budget process but it is necessary to revise the
24terms of the lease or agreement or amendment in a material respect,
25and the State Public Works Board determines that it is adverse to
26the interests of the public to defer that review to the next annual
27budget process. Upon making its determination, the State Public
28Works Board may review and approve the proposed lease or
29agreement or amendment, or any revision thereof, not sooner than
3020 days after the board has provided written notification to the
31Chairperson of the Joint Legislative Budget Committee, the
32Chairperson of the Assembly Ways and Means Committee, and
33the Chairperson of the Senate Budget and Fiscal Review
34Committee of the intended action. All actions taken by the State
35Public Works Board pursuant to this paragraph shall be reported
36to the Legislature in the next Governor’s Budget.

end delete

37(b) Thebegin delete departmentend deletebegin insert directorend insert shall include with the proposed
38lease or agreement or amendment sufficient documentation to
39enable thebegin delete Legislature or the State Public Works Board, as the case
40may be,end delete
begin insert Joint Legislative Budget Committee, and the other
P4    1committees,end insert
to evaluate fully the estimated operating costs and
2revenues and all terms upon which the lease or agreement or
3amendment is proposed to be entered into. Specifically, the
4documentation shall identify both of the following:

5(1) Any anticipated costs to the state for operation or
6development under the lease or agreement or amendment and the
7anticipated state share of total operation and development costs.

8(2) The anticipated annual revenues, net of operation costs, for
9the unit and the state’s share of these revenues.

10(c) Leases or agreements shall be exempt from subdivisions (a)
11and (b) when all of the following conditions exist:

12(1) The lease or agreement involves operation of only a portion
13of a unit of the state park system.

14(2) The term of the lease or agreement is for a period of 20 years
15or less.

16(3) The lease’s or agreement’s impact to the unit, including
17concessions revenue, will not exceed five hundred thousand dollars
18 ($500,000) in annual gross revenue generated on the property.

19(4) The lease or agreement involves no significant change in
20state operational funding or staffing levels, and does not include
21present or future state expenditures for development of the unit.

22(d) Amendments to existing leases or agreements shall be
23exempt from subdivisions (a) and (b) when all of the following
24conditions exist:

25(1) The amendment involves operation of only a portion of a
26unit of the state park system.

27(2) The amendment’s impact to the unit will not exceed five
28hundred thousand dollars ($500,000) in annual gross revenue
29generated on the property.

30(3) The amendment involves no significant change in state
31 operational funding or staffing levels, and does not include present
32or future state expenditures for development of the unit.



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