BILL NUMBER: AB 2549	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 5003.17 of the Public Resources Code is amended
to read:
   5003.17.  (a) The department may lease, for any use, all or any
portion of any parcel of real property acquired for state park system
purposes, if the director finds that the use would be compatible
with the use of the real property as a unit or part of a unit and
with the sound management and conservation of resources within the
unit.
   (b) Rent shall be based on the fair market value of the property
when used for the purpose for which it is leased. All rent shall be
deposited pursuant to Section 5010.
   (c) The lease term shall not exceed 10 years. All leases are
subject to the approval of the Department of General Services.
   (d) No lease shall be entered into that extends beyond the 10-year
period unless  the Legislature has reviewed and approved the
proposed lease as part of the annual budget process, or the Public
Works Board has determined that the proposed lease could not have
been presented to the Legislature for review and approval in the
course of its consideration of the Budget Bill and that it would be
adverse to the interests of the public to defer that review and
approval to a time when the Legislature next considers a Budget Bill.
Upon making that determination, the board may review and approve the
proposed lease after giving at least 20 days' written notice to the
Chairperson of the Joint Legislative Budget Committee and to the
chairperson of the fiscal and appropriate policy committees of its
intended action. All actions taken by the board pursuant to this
subdivision shall be reported to the Legislature in the next Governor'
s Budget.   both of the following occur:  
   (1) At least 30 days' advance written notice of the proposed
lease, including a copy of the proposed lease, has been provided by
the director to the appropriate policy and fiscal committees of the
Legislature and the Joint Legislative Budget Committee.  
   (2) The director includes with the proposed lease sufficient
documentation to enable the Joint Legislative Budget Committee, and
the other committees, to determine whether the lease will conform to
the requirements of this article and to evaluate fully all terms upon
which the lease is proposed to be let, including the rent and other
returns anticipated to be received. 
  SEC. 2.  Section 5080.40 of the Public Resources Code is amended to
read:
   5080.40.  (a) No operating lease or agreement shall be entered
into, or amended, pursuant to this article unless  one of the
following has occurred:   at least 30 days   '
advance written notice of the proposed operating lease or agreement
or amendment, including a copy of the proposed lease or agreement or
amendment, has been provided by the director to the appropriate
policy and fiscal committees of the Legislature and the Joint
Legislative Budget Committee.  
   (1) The Legislature has reviewed the lease or agreement, or
amendment, as part of the annual budget process or the requirements
of paragraph (2) have been met.  
   (2) Following enactment of the annual Budget Act, the State Public
Works Board determines that the proposed lease or agreement or
amendment could not have been presented to the Legislature for review
during the annual budget process, or that the proposed lease or
agreement or amendment was reviewed during the annual budget process
but it is necessary to revise the terms of the lease or agreement or
amendment 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 agreement or amendment, or any revision
thereof, not sooner than 20 days after the board has provided written
notification to the Chairperson of the Joint Legislative Budget
Committee, the Chairperson of the Assembly Ways and Means Committee,
and the Chairperson of the Senate Budget and Fiscal Review Committee
of the intended action. All actions 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   director  shall
include with the proposed lease or agreement or amendment sufficient
documentation to enable the  Legislature or the State Public
Works Board, as the case may be,   Joint Legislative
Budget Committee, and the other committees,  to evaluate fully
the estimated operating costs and revenues and all terms upon which
the lease or agreement or amendment 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 agreement or amendment 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 involves no significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.
   (d) Amendments to existing leases or agreements 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 involves no significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.