Amended in Senate June 6, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2549

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

February 19, 2016

An act begin insert to amend Section 2301 of, and to amend and repeal Sections 2074.2, 2074.6, 2074.8, and 2075.5 of, the Fish and Game Code, and end insert to amend Sections begin delete 5002.2 end delete begin insert 5002.2, 5009.1, 5010.6, end insert and 5080.31 of the Public Resources Code, relating to begin delete state parks. end delete begin insert public resources. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2549, as amended, Committee on Water, Parks, and Wildlife. begin delete State park system. end delete begin insert Public resources. end insert

begin insert

(1) The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the Department of Fish and Wildlife to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. Existing law, until January 1, 2017, establishes additional procedures for the review of a petition, including public hearings and public comment.

end insert begin insert

This bill would extend those procedures indefinitely.

end insert begin insert

(2) Existing law generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director of Fish and Wildlife or his or her designee to engage in various enforcement activities. Existing law provides that a person who violates or resists, delays, obstructs, or interferes with the implementation of these provisions is subject to a penalty, in an amount not to exceed $1,000, that is imposed administratively by the department. Existing law exempts certain entities from enforcement activities, or from civil or criminal liability, under prescribed circumstances. These provisions are repealed on January 1, 2017.

end insert begin insert

This bill would extend these provisions to January 1, 2020.

end insert begin insert

Under existing law, a violation of these provisions is a crime. By extending the operation of these provisions, this bill would impose a state-mandated local program.

end insert begin insert

(3) Existing law authorizes the Department of Parks and Recreation to enter into an agreement to accept funds from any person, educational institution, tribal government, corporation, or other business entity or organization for the maintenance, operation, restoration, repair, development, improvement, or enhancement of a designated state park system unit or facility, or for research, educational, interpretive, recreational, or visitor services provided on or for a designated state park system unit or facility, and requires that any funds so received be deposited in a separate account in the State Park Contingent Fund.

end insert begin insert

This bill would require the department, for each donation received pursuant to those provisions, to provide the donor of record a written quarterly accounting of all expenditures made from the donated funds, as specified.

end insert begin insert

(4) Existing law establishes the State Parks Revenue Incentive Subaccount in the State Parks and Recreation Fund, and continuously appropriates funds in the subaccount to the Department of Parks and Recreation for activities, programs, and projects that are consistent with the mission of the department and that increase the department’s capacity to generate revenue and implement a revenue generating program. Existing law requires that activities, programs, and projects funded by the subaccount include among, other things, a projection of costs, including design, planning, construction, operation, staff, maintenance, marketing, and information technology.

end insert begin insert

This bill would require a projection of costs to include that information only if appropriate.

end insert begin delete

Existing

end delete

begin insert (5) end insert begin insert   end insert begin insert Existing end insert law requires that, following classification or reclassification of a unit of the state park system by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the Department of Parks and Recreation prepare a general plan or revise any existing plan for the unit in accordance with prescribed procedures.

This bill would require the department, in consultation with the commission, by July 1, 2017, to provide the Legislature with specified recommendations for improving the state park planning and approval process, as prescribed.

begin delete

Existing

end delete

begin insert (6) end insert begin insert   end insert begin insert Existing end insert law requires that a general plan for a unit of the state park system that is the subject of an operating agreement specifically evaluate and define the manner in which the unit is proposed to be operated and requires that the general plan be reviewed by the begin delete commission end delete begin insert State Park and Recreation Commission end insert for a determination that the unit will be operated in a manner that generally meets the standards followed by the begin delete department end delete begin insert Department of Parks and Recreation end insert in its operation of similar units, as specified.

This bill would instead require that an operating agreement for operation of an entire park unit be consistent with the general plan for that unit of the park, if such a plan exists. The bill would require that the proposed operating agreement and general plan be reviewed by the commission for a determination that the unit will be operated in a manner that is consistent with the general plan and that generally meets standards followed by the department in its operation of similar units.

begin insert

(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2074.2 of the end insert begin insert Fish and Game Code end insert begin insert , as
amended by Section 3 of Chapter 387 of the Statutes of 2013, is
amended to read: end insert

2074.2.  

(a) At the meeting scheduled pursuant to Section 2074,
the commission shall hold a public hearing on the petition and
shall receive information, written or otherwise, and oral testimony.
After the conclusion of oral testimony from the commission and
department staff, the petitioner, or any other persons, the
commission may close the public hearing and administrative record
for the commission’s decision pursuant to this section.

(b) After the commission closes the public hearing, the
administrative record for the commission’s decision is closed and
it shall not be reopened except as provided in subdivision (c). Once
the public hearing is closed, no person shall submit further
information to the commission for consideration on that petition
and the commission shall not accept any further information for
consideration on that petition except as provided in subdivision
(c).

(c) The administrative record for the commission’s decision
pursuant to this section shall not be reopened once the commission
closes the public hearing unless one of the following occurs prior
to the commission’s decision:

(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission’s
determination as to whether the petition provides sufficient
information to indicate that the petitioned action may be warranted.

(2) The commission determines that it requires further
information to evaluate whether the petition provides sufficient
information to indicate that the petitioned action may be warranted.
If the commission makes that determination during its deliberation,
the commission may request, on the record at the scheduled
meeting or at a continued meeting, further information on any
issue relevant to making its determination as to whether the petition
provides sufficient information to indicate that the petitioned action
may be warranted. Any request by the commission pursuant to
this paragraph shall specify a date by which the information must
be submitted to the commission and shall serve to reopen the
administrative record for the limited purpose of receiving further
information relating to the issues specified by the commission in
the request. Commission and department staff, the petitioner, or
any other person may submit information in response to a request
pursuant to this paragraph. If the commission reopens the record
pursuant to this paragraph, it shall provide an opportunity for public
comment on the submitted information prior to the issuance of its
decision.

(d) In its discretion, the commission may either close the public
hearing and continue the meeting on the petition for the purpose
of deliberation or continue both the public hearing and the meeting
on the petition to a subsequent date, which shall be no later than
90 days after the meeting scheduled pursuant to Section 2074, and
subject to applicable notice and agenda requirements. If the
commission closes the public hearing but continues the meeting
for the purpose of deliberation, a person shall not submit, and the
commission shall not receive, further information relating to the
petition except as provided in subdivision (c).

(e) At the meeting scheduled pursuant to Section 2074 or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall consider the petition, the department’s written
report, written comments received, and oral testimony provided
during the public hearing, and the commission shall make and
enter in its record one of the following findings:

(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may
be warranted, the commission shall publish a notice of finding that
the petition is rejected, including the reasons why the petition is
not sufficient.

(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition
is accepted for consideration. If the accepted petition recommends
the addition of a species to either the list of endangered species or
the list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.

(f) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.

begin delete

(g) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2074.2 of the end insert begin insert Fish and Game Code end insert begin insert , as added
by Section 4 of Chapter 387 of the Statutes of 2013, is repealed. end insert

begin delete

2074.2.  

(a) At the scheduled meeting, the commission shall
consider the petition, the department’s written report, and
comments received, and the commission shall make and enter in
its public record one of the following findings:

(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may
be warranted, the commission shall publish a notice of finding that
the petition is rejected, including the reasons why the petition is
not sufficient.

(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition
is accepted for consideration. If the accepted petition recommends
the addition of a species to either the list of endangered species or
the list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.

(b) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.

(c) This section shall become operative on January 1, 2017.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2074.6 of the end insert begin insert Fish and Game Code end insert begin insert , as amended
by Section 5 of Chapter 387 of the Statutes of 2013, is amended
to read: end insert

2074.6.  

begin delete (a) end delete begin delete   end delete The department shall promptly commence a review
of the status of the species concerned in the petition. Within 12
months of the date of publication of a notice of acceptance of a
petition for consideration pursuant to paragraph (2) of subdivision
(e) of Section 2074.2, the department shall produce and make
publicly available on the department’s Internet Web site a final
written peer reviewed report, based upon the best scientific
information available to the department, which indicates whether
the petitioned action is warranted, which includes a preliminary
identification of the habitat that may be essential to the continued
existence of the species, and which recommends management
activities and other recommendations for recovery of the species.
Prior to releasing the final written report, the department shall have
a draft status review report prepared and independently peer
reviewed, and upon receiving the peer reviewers’ input, shall
evaluate and respond in writing to the independent peer review
and shall amend the draft status review report as appropriate. The
revised report shall be posted on the department’s Internet Web
site for a minimum of 30 days for public review prior to the hearing
scheduled pursuant to Section 2075. The commission may grant
an extension of up to six months if the director determines an
extension is necessary to complete independent peer review of the
report, and to provide a minimum of 30 days for public review of
the peer reviewed report prior to the public hearing specified in
Section 2075.

begin delete

(b) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2074.6 of the end insert begin insert Fish and Game Code end insert begin insert , as added
by Section 6 of Chapter 387 of the Statutes of 2013, is repealed. end insert

begin delete

2074.6.  

(a) The department shall promptly commence a review
of the status of the species concerned in the petition. Within 12
months of the date of publication of a notice of acceptance of a
petition for consideration by the commission pursuant to paragraph
(2) of subdivision (a) of Section 2074.2, the department shall
provide a written report to the commission, based upon the best
scientific information available to the department, which indicates
whether the petitioned action is warranted, which includes a
preliminary identification of the habitat that may be essential to
the continued existence of the species, and which recommends
management activities and other recommendations for recovery
of the species.

(b) This section shall become operative on January 1, 2017.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2074.8 of the end insert begin insert Fish and Game Code end insert begin insert , as amended
by Section 7 of Chapter 387 of the Statutes of 2013, is amended
to read: end insert

2074.8.  

begin delete (a) end delete begin delete   end delete This article does not impose any duty or obligation
for, or otherwise require, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and
comments. However, the department shall seek independent
scientific peer review of the department’s status report. The director
may approve an extension of time for completion of the status
report if necessary for the purposes of obtaining independent peer
review pursuant to Section 2074.6.

begin delete

(b) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2074.8 of the end insert begin insert Fish and Game Code end insert begin insert , as added
by Section 8 of Chapter 387 of the Statutes of 2013, is repealed. end insert

begin delete

2074.8.  

(a) This article does not impose any duty or obligation
for, or otherwise require, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and
comments.

(b) This section shall become operative on January 1, 2017.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2075.5 of the end insert begin insert Fish and Game Code end insert begin insert , as amended
by Section 9 of Chapter 387 of the Statutes of 2013, is amended
to read: end insert

2075.5.  

(a) At the meeting scheduled pursuant to Section 2075,
the commission shall hold a public hearing on the petition and
shall receive information, written or otherwise, and oral testimony.
After the conclusion of oral testimony from department staff, the
petitioner, or any other persons, the commission may close the
public hearing and the administrative record for the department’s
decision pursuant to this section.

(b) After the commission closes the public hearing the
administrative record for the commission’s decision is closed and
it shall not be reopened except as provided in subdivision (c). Once
the public hearing is closed a person shall not submit further
information to the department for consideration on that petition
and the commission shall not accept any further information for
consideration on that petition except as provided in subdivision
(c).

(c) The administrative record for the commission’s decision
pursuant to this section shall not be reopened once the department
closes the public hearing unless one of the following occurs prior
to the commission’s decision:

(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission’s
determination as to whether the petitioned action is warranted.

(2) The commission determines that it requires further
information to evaluate whether the petitioned action is warranted.
If the commission makes that determination during its deliberation,
the commission may request, on the record at the scheduled
meeting or at a continued meeting, further information on any
issue relevant to making its determination as to whether the
petitioned action is warranted. Any request by the commission
pursuant to this paragraph shall specify a date by which the
information must be submitted to the commission and shall serve
to reopen the administrative record for the limited purpose of
receiving further information relating to the issues specified by
the commission in the request. Commission and department staff,
the petitioner, or any other person may submit information in
response to a request pursuant to this paragraph.

(d) The commission, in its discretion, may either close the public
hearing and continue the meeting on the petition for the purpose
of deliberation or continue both the public hearing and the meeting
on the petition to a subsequent date which is no later than 90 days
after the meeting scheduled pursuant to Section 2075, and subject
to applicable notice and agenda requirements. If the commission
closes the public hearing but continues the meeting for the purpose
of deliberation, a person shall not submit, and the commission
shall not receive, further information relating to the petition except
as provided in subdivision (c).

(e) At the meeting scheduled pursuant to Section 2075, or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall make one of the following findings:

(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission
and the petitioned species shall be removed from the list of
candidate species maintained pursuant to Section 2074.2.

(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the
Government Code, to add the species to, or remove the species
from, the list of endangered species or the list of threatened species.
Further proceedings of the commission on the petitioned action
shall be made in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

begin delete

(f) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2075.5 of the end insert begin insert Fish and Game Code end insert begin insert , as added
by Section 10 of Chapter 387 of the Statutes of 2013, is repealed. end insert

begin delete

2075.5.  

(a) At the meeting scheduled pursuant to Section 2075,
the commission shall make one of the following findings:

(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission
and the petitioned species shall be removed from the list of
candidate species maintained pursuant to Section 2074.2.

(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the
Government Code to add the species to, or remove the species
from, the list of endangered species or the list of threatened species.
Further proceedings of the commission on the petitioned action
shall be made in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

(b) This section shall become operative on January 1, 2017.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2301 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

2301.  

(a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the state,
dreissenid mussels.

(2) The director or his or her designee may do all of the
following:

(A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.

(B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved
by the department.

(C) Impound or quarantine conveyances in locations designated
by the department for up to five days or the period of time
necessary to ensure that dreissenid mussels can no longer live on
or in the conveyance.

(D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities
be inspected, quarantined, or disinfected in a manner and for a
duration necessary to detect and prevent the spread of dreissenid
mussels within the state.

(ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner and
duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction shall
be authorized by the director or his or her designee without the
concurrence of the Secretary of the Natural Resources Agency. If
a closure lasts longer than seven days, the department shall update
the operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department’s Internet Web site in an easily accessible manner.

(iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Water Resources, the Department
of Parks and Recreation, and the State Lands Commission in the
event of a decision to close, quarantine, or restrict a facility
pursuant to this paragraph. These procedures shall include the
reasons for the closure, quarantine, or restriction, and methods for
providing updated information to those affected. These procedures
shall also include protocols for the posting of the notifications on
the department’s Internet Web site required by clause (ii).

(iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus the
closure or quarantine to specific areas and facilities so as to avoid
or minimize disruption of economic or recreational activity in the
vicinity.

(b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).

(2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.

(c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code
does not apply to the implementation of this section.

(2) An action undertaken pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) involving the use of chemicals
other than salt or hot water to decontaminate a conveyance or a
facility is subject to Division 13 (commencing with Section 21000)
of the Public Resources Code.

(d) (1) A public or private agency that operates a water supply
system shall cooperate with the department to implement measures
to avoid infestation by dreissenid mussels and to control or
eradicate any infestation that may occur in a water supply system.
If dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following
minimum elements:

(A) Methods for delineation of infestation, including both adult
mussels and veligers.

(B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.

(C) A systematic monitoring program to determine any changes
in conditions.

(D) The requirement that the operator of the water supply system
permit inspections by the department as well as cooperate with the
department to update or revise control or eradication measures in
the approved plan to address scientific advances in the methods
of controlling or eradicating mussels and veligers.

(2) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control
or eradicate dreissenid mussels in accordance with paragraph (1),
the requirements of subdivision (a) do not apply to the operation
of those water delivery and storage facilities, and the operator is
not subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. The
department may require the operator of a facility to update its plan,
and if the plan is not updated or revised as described in
subparagraph (D) of paragraph (1), subdivision (a) shall apply to
the operation of the water delivery and storage facilities covered
by the plan until the operator updates or revises the plan and
initiates and complies with all of the elements of the updated or
revised plan.

(e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.

(f) (1) In addition to any other penalty provided by law, any
person who violates this section, violates any verbal or written
order or regulation adopted pursuant to this section, or who resists,
delays, obstructs, or interferes with the implementation of this
section, is subject to a penalty, in an amount not to exceed one
thousand dollars ($1,000), that is imposed administratively by the
department.

(2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the
amount of the penalty and the procedure for imposing and
appealing the penalty.

(g) The department may adopt regulations to carry out this
section.

(h) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under
this section shall not be liable with regard to any determination or
authorization made pursuant to this section.

(i) This section shall remain in effect only until January 1, begin delete 2017, end delete
begin insert 2020, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2017, end delete begin insert 2020, end insert deletes or extends
that date.

begin delete SECTION 1. end delete

begin insert SEC. 10. end insert   

Section 5002.2 of the Public Resources Code is
amended to read:

5002.2.  

(a) (1) Following classification or reclassification of
a unit by the State Park and Recreation Commission, and prior to
the development of any new facilities in any previously classified
unit, the department shall prepare a general plan or revise any
existing begin delete plan, end delete begin insert plan end insert for the unit.

(2) The general plan shall consist of elements that will evaluate
and define the proposed land uses, facilities, concessions, operation
of the unit, any environmental impacts, and the management of
resources, and shall serve as a guide for the future development,
management, and operation of the unit.

(3) The general plan constitutes a report on a project for the
purposes of Section 21100. The general plan for a unit shall be
submitted by the department to the State Park and Recreation
Commission for approval.

(b) The resource element of the general plan shall evaluate the
unit as a constituent of an ecological region and as a distinct
ecological entity, based upon historical and ecological research of
plant-animal and soil-geological relationships and shall contain a
declaration of purpose, setting forth specific long-range
management objectives for the unit consistent with the unit’s
classification pursuant to Article 1.7 (commencing with Section
5019.50), and a declaration of resource management policy, setting
forth the precise actions and limitations required for the
achievement of the objectives established in the declaration of
purpose.

(c) Notwithstanding subdivision (a), the department is not
required to prepare a general plan for a unit that has no general
plan or to revise an existing plan if the only development
contemplated by the department consists of the repair, replacement,
or rehabilitation of an existing facility; the construction of a
temporary facility, if the construction does not result in the
permanent commitment of a resource of the unit; any undertaking
necessary for the protection of public health or safety; or any
emergency measure necessary for the immediate protection of
natural or cultural resources; or any combination of these activities
at a single unit. Any development is subject to the requirements
of the California Environmental Quality Act (Division 13
(commencing with Section 21000)).

(d) Notwithstanding subdivision (a), the department is not
required to prepare a general plan or revise an existing plan for a
unit to which new development is necessary to comply with public
service delivery obligations, operational or code compliance
upgrades, or resource preservation requirements that are compatible
with the classification of the unit. The department may instead
prepare a management or development plan with appropriate
environmental review and analysis.

(e) Consistent with good planning and sound resource
management, the department shall, in discharging its
responsibilities under this section, attempt to make units of the
state park system accessible and usable by the general public at
the earliest opportunity.

(f) The department may prepare a general plan that includes
more than one unit of the state park system for units that are in
close proximity to one another and that have similar resources and
recreational opportunities if that action will facilitate the protection
of public resources and public access to units of the state park
system.

(g) The department, in consultation with the State Park and
Recreation Commission, by July 1, 2017, shall provide the
Legislature with recommendations for improving the state park
planning and approval process that will do all of the following:

(1) Provide for more efficient and cost-effective development,
approval, and timely updates of park unit general plans, including
through the use of multi-unit general plans where appropriate.

(2) Facilitate clear guidance for management direction of the
relevant park units.

(3) Provide for meaningful public participation in the
development and update of park general plans and related planning
documents.

(4) Reduce redundant reviews carried out pursuant to the
California Environmental Quality Act (Division 13 (commencing
with Section 21000)) and other applicable statutes.

(5) Enable the department to substantially reduce, by 2020, the
current backlog of plans to be developed for parks that currently
lack a general plan or that have an existing plan that is more than
15 years old and requires significant revision to address pressing
public access and resource management issues.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 5009.1 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

5009.1.  

(a)  begin insert (1) end insert begin insert   end insert The department may enter into an agreement
to accept funds from any person, educational institution, tribal
government, corporation or other business entity, or organization
for the maintenance, operation, restoration, repair, development,
improvement, or enhancement of a designated state park system
unit or facility, or for research, educational, interpretive,
recreational, or visitor services provided on or for a designated
state park system unit or facility. Any funds so received shall be
deposited in a separate account in the State Park Contingent Fund.
The funds received shall supplement, but not replace, existing
resources for the maintenance, operation, restoration, repair,
development, improvement, or enhancement of the unit or facility,
or for establishing or enhancing park services provided to visitors.
The department and the sponsoring or donating person, entity,
government, or organization shall specify in the agreement the
level of service that is to be performed.

begin insert

(2) For each donation received and deposited into a separate
account in the State Park Contingent Fund pursuant to paragraph
(1), the department shall provide the donor of record a written
quarterly accounting of all expenditures made from the donated
funds until all of the donated funds have been expended.

end insert

(b) The department may enter into an agreement to accept from
any person, educational institution, tribal government, corporation
or other business entity, or organization services for the cleanup,
repair, development, improvement, restoration, or enhancement
of any designated state park system unit or facility, or for research,
educational, interpretive, recreational, or visitor services provided
on or for a state park system unit or facility. Under the direction
of the department, these services shall supplement, but not replace,
existing staff resources for the purpose of enhancing the
maintenance and operation of the unit or facility or for establishing
or enhancing park services provided to visitors.

(c) The director may authorize the erection of an appropriate
sign in recognition of a donation or sponsorship provided in
accordance with this section, consistent with existing law and with
the rules and regulations of the department regarding signs in units
of the state park system.

(d) The department may provide free or reduced-cost access to,
and use of, park facilities to entities that have entered into
agreements as described in this section, if the public benefit to be
provided pursuant to the agreement exceeds or is of comparable
value, as determined by the department, to the access to or use of
park facilities granted.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 5010.6 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

5010.6.  

(a) For purposes of this section, “subaccount” means
the State Parks Revenue Incentive Subaccount created pursuant
to this section.

(b) The State Parks Revenue Incentive Subaccount is hereby
created within the State Parks and Recreation Fund and the
Controller shall annually transfer four million three hundred forty
thousand dollars ($4,340,000) from the State Parks and Recreation
Fund to the subaccount.

(c) Notwithstanding Section 13340 of the Government Code,
the funds in the subaccount are hereby continuously appropriated
to the department for activities, programs, and projects, including,
but not limited to, capital outlay projects, that are consistent with
the mission of the department and that increase the department’s
capacity to generate revenue and to implement the revenue
generation program developed pursuant to Section 5010.7.
Expenditures from the subaccount may include expenditures for
staffing entry points, including department employees, seasonal
employees, state and local conservation corps, individuals qualified
pursuant to Chapter 0908 of the Department Operations Manual,
and employees of organizations with agreements with state parks
pursuant to Sections 513, 5009.1, 5009.3, and 5080. Activities,
programs, and projects funded by the subaccount shall each include
all of the following:

(1) A clear description of the proposed use of funds.

(2) A timeframe for implementation of the activity, program,
or project.

(3) A projection of revenues, including annual income, fees,
and projected usage rates.

(4) A projection of costs, begin delete including end delete begin insert including, if appropriate, end insert
design, planning, construction, operation, staff, maintenance,
marketing, and information technology.

(5) A market analysis demonstrating demand for the activity,
project, or program.

(6) A projected rate of return on the investment.

(d) The Office of State Audits and Evaluations shall review the
activities, programs, and projects funded from the subaccount
pursuant to subdivision (c) to ensure appropriate internal controls
are in place. The department shall reimburse the Office of State
Audits and Evaluations from the subaccount for any costs related
to the review.

(e) The revenue generated from activities, programs, and projects
funded by the subaccount are continuously appropriated for
expenditure by the department pursuant to subdivisions (c) and
(d) of Section 5010.7.

(f) The funds in the subaccount shall be available for
encumbrance and expenditure until June 30, 2019, and for
liquidation until June 30, 2021.

(g)  This section shall become inoperative on June 30, 2021,
and, as of January 1, 2022, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2022,
deletes or extends the dates on which it becomes inoperative and
is repealed.

begin delete SEC. 2. end delete

begin insert SEC. 13. end insert   

Section 5080.31 of the Public Resources Code is
amended to read:

5080.31.  

(a) An operating agreement for the operation of an
entire park that is entered into pursuant to this article shall be
consistent with the general plan for that unit of the park system,
if such a plan exists. The proposed operating agreement and general
plan shall be reviewed by the commission for a determination that
the unit will be operated in a manner that is consistent with the
general plan and generally meets the standards followed by the
department in its operation of similar units, that enhances the
general public use and enjoyment of, and recreational and
educational experiences at, the unit, and that provides for the
satisfactory management of park resources.

(b) The general plan for a unit that is the subject of an agreement
entered into pursuant to this article may be prepared either by the
department or by the public agency that is to operate the unit
pursuant to the agreement.

begin insert

begin insert SEC. 14. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert