Amended in Senate August 9, 2016

Amended in Senate August 1, 2016

Amended in Senate June 6, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2549


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

February 19, 2016


An act 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 to amend Sections 5002.2, 5009.1,begin delete and 5010.6end deletebegin insert 5010.6, and 5080.23end insert of the Public Resources Code, relating to public resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 2549, as amended, Committee on Water, Parks, and Wildlife. Public resources.

(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.

This bill would extend those additional procedures indefinitely.

(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 These provisions are repealed on January 1, 2017.

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

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.

(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.

This bill would require the department, for each agreement entered into pursuant to those provisions, to providebegin delete a writtenend deletebegin insert anend insert accounting of all expenditures made from the donated funds, as specified.

(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.

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

(5) Existing 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 January 1, 2018, to provide the Legislature with specified recommendations for improving the state park planning and approval process, as prescribed.

begin insert

(6) Existing law authorizes the Director of Parks and Recreation to award a concession contract authorizing occupancy of any portion of the state park system for a period of more than 2 years to the best responsible person or entity submitting a proposal for the contract, if the director determines that it is in the best interest of the state and subject to certain requirements and procedures. If the concession contract is expected to involve a total investment or gross sales in excess of $500,000, existing law requires that the contract meet certain other requirements for entry into contract that are applicable to contracts that are expected to involve a total investment or estimated annual gross sales in excess of $1,000,000.

end insert
begin insert

This bill would instead require those concession contracts to meet to those other requirements if the contract is expected to involve a total investment or gross sales in excess of $1,000,000.

end insert
begin delete

(6)

end delete

begin insert(7)end insert 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.

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

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

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

P4    1

SECTION 1.  

Section 2074.2 of the Fish and Game Code, as
2amended by Section 3 of Chapter 387 of the Statutes of 2013, is
3amended to read:

4

2074.2.  

(a) At the meeting scheduled pursuant to Section 2074,
5the commission shall hold a public hearing on the petition and
6shall receive information, written or otherwise, and oral testimony.
7After the conclusion of oral testimony from the commission and
8department staff, the petitioner, or any other persons, the
9commission may close the public hearing and administrative record
10for the commission’s decision pursuant to this section.

11(b) After the commission closes the public hearing, the
12administrative record for the commission’s decision is closed and
13it shall not be reopened except as provided in subdivision (c). Once
14the public hearing is closed, no person shall submit further
15information to the commission for consideration on that petition
16and the commission shall not accept any further information for
17consideration on that petition except as provided in subdivision
18(c).

19(c) The administrative record for the commission’s decision
20pursuant to this section shall not be reopened once the commission
21closes the public hearing unless one of the following occurs prior
22to the commission’s decision:

23(1) There is a change in state or federal law or regulation that
24has a direct and significant impact on the commission’s
25determination as to whether the petition provides sufficient
26information to indicate that the petitioned action may be warranted.

27(2) The commission determines that it requires further
28information to evaluate whether the petition provides sufficient
29information to indicate that the petitioned action may be warranted.
30If the commission makes that determination during its deliberation,
31the commission may request, on the record at the scheduled
32meeting or at a continued meeting, further information on any
33issue relevant to making its determination as to whether the petition
34provides sufficient information to indicate that the petitioned action
35may be warranted. Any request by the commission pursuant to
36this paragraph shall specify a date by which the information must
37be submitted to the commission and shall serve to reopen the
38administrative record for the limited purpose of receiving further
P5    1information relating to the issues specified by the commission in
2the request. Commission and department staff, the petitioner, or
3any other person may submit information in response to a request
4pursuant to this paragraph. If the commission reopens the record
5pursuant to this paragraph, it shall provide an opportunity for public
6comment on the submitted information prior to the issuance of its
7decision.

8(d) In its discretion, the commission may either close the public
9hearing and continue the meeting on the petition for the purpose
10of deliberation or continue both the public hearing and the meeting
11on the petition to a subsequent date, which shall be no later than
1290 days after the meeting scheduled pursuant to Section 2074, and
13subject to applicable notice and agenda requirements. If the
14commission closes the public hearing but continues the meeting
15for the purpose of deliberation, a person shall not submit, and the
16commission shall not receive, further information relating to the
17petition except as provided in subdivision (c).

18(e) At the meeting scheduled pursuant to Section 2074 or at a
19continued meeting scheduled pursuant to subdivision (d), the
20commission shall consider the petition, the department’s written
21report, written comments received, and oral testimony provided
22during the public hearing, and the commission shall make and
23enter in its record one of the following findings:

24(1) If the commission finds that the petition does not provide
25sufficient information to indicate that the petitioned action may
26be warranted, the commission shall publish a notice of finding that
27the petition is rejected, including the reasons why the petition is
28not sufficient.

29(2) If the commission finds that the petition provides sufficient
30information to indicate that the petitioned action may be warranted,
31the commission shall publish a notice of finding that the petition
32is accepted for consideration. If the accepted petition recommends
33the addition of a species to either the list of endangered species or
34the list of threatened species, the commission shall include in the
35notice that the petitioned species is a candidate species. The
36commission shall maintain a list of species which are candidate
37species.

38(f) The commission shall publish and distribute the findings
39relating to the petition pursuant to Section 2078.

P6    1

SEC. 2.  

Section 2074.2 of the Fish and Game Code, as added
2by Section 4 of Chapter 387 of the Statutes of 2013, is repealed.

3

SEC. 3.  

Section 2074.6 of the Fish and Game Code, as amended
4by Section 5 of Chapter 387 of the Statutes of 2013, is amended
5to read:

6

2074.6.  

The department shall promptly commence a review of
7the status of the species concerned in the petition. Within 12
8 months of the date of publication of a notice of acceptance of a
9petition for consideration pursuant to paragraph (2) of subdivision
10(e) of Section 2074.2, the department shall produce and make
11publicly available on the department’s Internet Web site a final
12written peer reviewed report, based upon the best scientific
13information available to the department, which indicates whether
14the petitioned action is warranted, which includes a preliminary
15identification of the habitat that may be essential to the continued
16existence of the species, and which recommends management
17activities and other recommendations for recovery of the species.
18Prior to releasing the final written report, the department shall have
19a draft status review report prepared and independently peer
20reviewed, and upon receiving the peer reviewers’ input, shall
21evaluate and respond in writing to the independent peer review
22and shall amend the draft status review report as appropriate. The
23revised report shall be posted on the department’s Internet Web
24site for a minimum of 30 days for public review prior to the hearing
25scheduled pursuant to Section 2075. The commission may grant
26an extension of up to six months if the director determines an
27extension is necessary to complete independent peer review of the
28report, and to provide a minimum of 30 days for public review of
29the peer reviewed report prior to the public hearing specified in
30Section 2075.

31

SEC. 4.  

Section 2074.6 of the Fish and Game Code, as added
32by Section 6 of Chapter 387 of the Statutes of 2013, is repealed.

33

SEC. 5.  

Section 2074.8 of the Fish and Game Code, as amended
34by Section 7 of Chapter 387 of the Statutes of 2013, is amended
35to read:

36

2074.8.  

This article does not impose any duty or obligation
37for, or otherwise require, the commission or the department to
38undertake independent studies or other assessments of any species
39when reviewing a petition and its attendant documents and
40comments. However, the department shall seek independent
P7    1scientific peer review of the department’s status report. The director
2may approve an extension of time for completion of the status
3report if necessary for the purposes of obtaining independent peer
4review pursuant to Section 2074.6.

5

SEC. 6.  

Section 2074.8 of the Fish and Game Code, as added
6by Section 8 of Chapter 387 of the Statutes of 2013, is repealed.

7

SEC. 7.  

Section 2075.5 of the Fish and Game Code, as amended
8by Section 9 of Chapter 387 of the Statutes of 2013, is amended
9to read:

10

2075.5.  

(a) At the meeting scheduled pursuant to Section 2075,
11the commission shall hold a public hearing on the petition and
12shall receive information, written or otherwise, and oral testimony.
13After the conclusion of oral testimony from the commission and
14department staff, the petitioner, or any other persons, the
15commission may close the public hearing and the administrative
16record for the commission’s decision pursuant to this section.

17(b) After the commission closes the public hearing, the
18administrative record for the commission’s decision is closed and
19it shall not be reopened except as provided in subdivision (c). Once
20the public hearing is closed, a person shall not submit further
21information to the commission for consideration on that petition
22and the commission shall not accept any further information for
23consideration on that petition except as provided in subdivision
24(c).

25(c) The administrative record for the commission’s decision
26pursuant to this section shall not be reopened once the commission
27closes the public hearing unless one of the following occurs prior
28to the commission’s decision:

29(1) There is a change in state or federal law or regulation that
30has a direct and significant impact on the commission’s
31determination as to whether the petitioned action is warranted.

32(2) The commission determines that it requires further
33information to evaluate whether the petitioned action is warranted.
34If the commission makes that determination during its deliberation,
35the commission may request, on the record at the scheduled
36meeting or at a continued meeting, further information on any
37issue relevant to making its determination as to whether the
38petitioned action is warranted. Any request by the commission
39pursuant to this paragraph shall specify a date by which the
40information must be submitted to the commission and shall serve
P8    1to reopen the administrative record for the limited purpose of
2receiving further information relating to the issues specified by
3the commission in the request. Commission and department staff,
4the petitioner, or any other person may submit information in
5response to a request pursuant to this paragraph.

6(d) The commission, in its discretion, may either close the public
7hearing and continue the meeting on the petition for the purpose
8of deliberation or continue both the public hearing and the meeting
9on the petition to a subsequent date which is no later than 90 days
10after the meeting scheduled pursuant to Section 2075, and subject
11to applicable notice and agenda requirements. If the commission
12closes the public hearing but continues the meeting for the purpose
13of deliberation, a person shall not submit, and the commission
14shall not receive, further information relating to the petition except
15as provided in subdivision (c).

16(e) At the meeting scheduled pursuant to Section 2075, or at a
17continued meeting scheduled pursuant to subdivision (d), the
18commission shall make one of the following findings:

19(1) The petitioned action is not warranted, in which case the
20finding shall be entered in the public records of the commission
21and the petitioned species shall be removed from the list of
22candidate species maintained pursuant to Section 2074.2.

23(2) The petitioned action is warranted, in which case the
24commission shall publish a notice of that finding and a notice of
25proposed rulemaking pursuant to Section 11346.4 of the
26Government Code, to add the species to, or remove the species
27 from, the list of endangered species or the list of threatened species.
28Further proceedings of the commission on the petitioned action
29shall be made in accordance with Chapter 3.5 (commencing with
30Section 11340) of Part 1 of Division 3 of Title 2 of the Government
31Code.

32

SEC. 8.  

Section 2075.5 of the Fish and Game Code, as added
33by Section 10 of Chapter 387 of the Statutes of 2013, is repealed.

34

SEC. 9.  

Section 2301 of the Fish and Game Code is amended
35to read:

36

2301.  

(a) (1) Except as authorized by the department, a person
37shall not possess, import, ship, or transport in the state, or place,
38plant, or cause to be placed or planted in any water within the state,
39dreissenid mussels.

P9    1(2) The director or his or her designee may do all of the
2following:

3(A) Conduct inspections of conveyances, which include vehicles,
4boats and other watercraft, containers, and trailers, that may carry
5or contain adult or larval dreissenid mussels. Included as part of
6this authority to conduct inspections is the authority to temporarily
7stop conveyances that may carry or contain adult or larval
8dreissenid mussels on any roadway or waterway in order to conduct
9 inspections.

10(B) Order that areas in a conveyance that contain water be
11drained, dried, or decontaminated pursuant to procedures approved
12by the department.

13(C) Impound or quarantine conveyances in locations designated
14by the department for up to five days or the period of time
15necessary to ensure that dreissenid mussels can no longer live on
16or in the conveyance.

17(D) (i) Conduct inspections of waters of the state and facilities
18located within waters of the state that may contain dreissenid
19mussels. If dreissenid mussels are detected or may be present, the
20director or his or her designee may order the affected waters or
21facilities closed to conveyances or otherwise restrict access to the
22affected waters or facilities, and shall order that conveyances
23removed from, or introduced to, the affected waters or facilities
24be inspected, quarantined, or disinfected in a manner and for a
25duration necessary to detect and prevent the spread of dreissenid
26mussels within the state.

27(ii) For the purpose of implementing clause (i), the director or
28his or her designee shall order the closure or quarantine of, or
29restrict access to, these waters, areas, or facilities in a manner and
30duration necessary to detect and prevent the spread of dreissenid
31mussels within the state. No closure, quarantine, or restriction shall
32be authorized by the director or his or her designee without the
33concurrence of the Secretary of the Natural Resources Agency. If
34a closure lasts longer than seven days, the department shall update
35the operator of the affected facility every 10 days on efforts to
36address the dreissenid infestation. The department shall provide
37these updates in writing and also post these updates on the
38department’s Internet Web site in an easily accessible manner.

39(iii) The department shall develop procedures to ensure proper
40notification of affected local and federal agencies, and, as
P10   1appropriate, the Department of Water Resources, the Department
2of Parks and Recreation, and the State Lands Commission in the
3event of a decision to close, quarantine, or restrict a facility
4pursuant to this paragraph. These procedures shall include the
5reasons for the closure, quarantine, or restriction, and methods for
6providing updated information to those affected. These procedures
7shall also include protocols for the posting of the notifications on
8the department’s Internet Web site required by clause (ii).

9(iv) When deciding the scope, duration, level, and type of
10restrictions, and specific location of a closure or quarantine, the
11director shall consult with the agency, entity, owner, or operator
12with jurisdiction, control, or management responsibility over the
13marina, boat launch facility, or other facility, in order to focus the
14closure or quarantine to specific areas and facilities so as to avoid
15or minimize disruption of economic or recreational activity in the
16vicinity.

17(b) (1) Upon a determination by the director that it would further
18the purposes of this section, other state agencies, including, but
19not limited to, the Department of Parks and Recreation, the
20Department of Water Resources, the Department of Food and
21Agriculture, and the State Lands Commission, may exercise the
22authority granted to the department in subdivision (a).

23(2) A determination made pursuant to paragraph (1) shall be in
24writing and shall remain in effect until withdrawn, in writing, by
25the director.

26(c) (1) Except as provided in paragraph (2), Division 13
27(commencing with Section 21000) of the Public Resources Code
28does not apply to the implementation of this section.

29(2) An action undertaken pursuant to subparagraph (B) of
30paragraph (2) of subdivision (a) involving the use of chemicals
31other than salt or hot water to decontaminate a conveyance or a
32facility is subject to Division 13 (commencing with Section 21000)
33of the Public Resources Code.

34(d) (1) A public or private agency that operates a water supply
35system shall cooperate with the department to implement measures
36to avoid infestation by dreissenid mussels and to control or
37eradicate any infestation that may occur in a water supply system.
38If dreissenid mussels are detected, the operator of the water supply
39system, in cooperation with the department, shall prepare and
40implement a plan to control or eradicate dreissenid mussels within
P11   1the system. The approved plan shall contain the following
2minimum elements:

3(A) Methods for delineation of infestation, including both adult
4mussels and veligers.

5(B) Methods for control or eradication of adult mussels and
6decontamination of water containing larval mussels.

7(C) A systematic monitoring program to determine any changes
8in conditions.

9(D) The requirement that the operator of the water supply system
10permit inspections by the department as well as cooperate with the
11department to update or revise control or eradication measures in
12the approved plan to address scientific advances in the methods
13of controlling or eradicating mussels and veligers.

14(2) If the operator of water delivery and storage facilities for
15public water supply purposes has prepared, initiated, and is in
16compliance with all the elements of an approved plan to control
17or eradicate dreissenid mussels in accordance with paragraph (1),
18the requirements of subdivision (a) do not apply to the operation
19of those water delivery and storage facilities, and the operator is
20not subject to any civil or criminal liability for the introduction of
21dreissenid mussel species as a result of those operations. The
22department may require the operator of a facility to update its plan,
23and if the plan is not updated or revised as described in
24subparagraph (D) of paragraph (1), subdivision (a) shall apply to
25the operation of the water delivery and storage facilities covered
26by the plan until the operator updates or revises the plan and
27initiates and complies with all of the elements of the updated or
28revised plan.

29(e) Any entity that discovers dreissenid mussels within this state
30shall immediately report the discovery to the department.

31(f) (1) In addition to any other penalty provided by law, any
32person who violates this section, violates any verbal or written
33order or regulation adopted pursuant to this section, or who resists,
34delays, obstructs, or interferes with the implementation of this
35section, is subject to a penalty, in an amount not to exceed one
36thousand dollars ($1,000), that is imposed administratively by the
37department.

38(2) A penalty shall not be imposed pursuant to paragraph (1)
39unless the department has adopted regulations specifying the
P12   1amount of the penalty and the procedure for imposing and
2appealing the penalty.

3(g) The department may adopt regulations to carry out this
4section.

5(h) Pursuant to Section 818.4 of the Government Code, the
6department and any other state agency exercising authority under
7this section shall not be liable with regard to any determination or
8authorization made pursuant to this section.

9(i) This section shall remain in effect only until January 1, 2020,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2020, deletes or extends that date.

12

SEC. 10.  

Section 5002.2 of the Public Resources Code is
13amended to read:

14

5002.2.  

(a) (1) Following classification or reclassification of
15a unit by the State Park and Recreation Commission, and prior to
16the development of any new facilities in any previously classified
17unit, the department shall prepare a general plan or revise any
18existing plan for the unit.

19(2) The general plan shall consist of elements that will evaluate
20and define the proposed land uses, facilities, concessions, operation
21of the unit, any environmental impacts, and the management of
22resources, and shall serve as a guide for the future development,
23management, and operation of the unit.

24(3) The general plan constitutes a report on a project for the
25purposes of Section 21100. The general plan for a unit shall be
26submitted by the department to the State Park and Recreation
27Commission for approval.

28(b) The resource element of the general plan shall evaluate the
29unit as a constituent of an ecological region and as a distinct
30ecological entity, based upon historical and ecological research of
31plant-animal and soil-geological relationships and shall contain a
32declaration of purpose, setting forth specific long-range
33management objectives for the unit consistent with the unit’s
34classification pursuant to Article 1.7 (commencing with Section
355019.50), and a declaration of resource management policy, setting
36forth the precise actions and limitations required for the
37achievement of the objectives established in the declaration of
38purpose.

39(c) Notwithstanding subdivision (a), the department is not
40required to prepare a general plan for a unit that has no general
P13   1plan or to revise an existing plan if the only development
2contemplated by the department consists of the repair, replacement,
3or rehabilitation of an existing facility; the construction of a
4temporary facility, if the construction does not result in the
5permanent commitment of a resource of the unit; any undertaking
6necessary for the protection of public health or safety; or any
7emergency measure necessary for the immediate protection of
8natural or cultural resources; or any combination of these activities
9at a single unit. Any development is subject to the requirements
10of the California Environmental Quality Act (Division 13
11(commencing with Section 21000)).

12(d) Notwithstanding subdivision (a), the department is not
13required to prepare a general plan or revise an existing plan for a
14unit to which new development is necessary to comply with public
15service delivery obligations, operational or code compliance
16upgrades, or resource preservation requirements that are compatible
17with the classification of the unit. The department may instead
18prepare a management or development plan with appropriate
19environmental review and analysis.

20(e) Consistent with good planning and sound resource
21management, the department shall, in discharging its
22responsibilities under this section, attempt to make units of the
23state park system accessible and usable by the general public at
24the earliest opportunity.

25(f) The department may prepare a general plan that includes
26more than one unit of the state park system for units that are in
27close proximity to one another and that have similar resources and
28recreational opportunities if that action will facilitate the protection
29of public resources and public access to units of the state park
30system.

31(g) The department, in consultation with the State Park and
32Recreation Commission, by January 1, 2018, shall provide the
33Legislature with recommendations for improving the state park
34planning and approval process to help achieve the following goals:

35(1) Provide for more efficient and cost-effective development,
36approval, and timely updates of park unit general plans, including
37through the use of multi-unit general plans where appropriate.

38(2) Provide for public participation in the development and
39update of park general plans and related planning documents.

P14   1(3) Streamline reviews carried out pursuant to the California
2Environmental Quality Act (Division 13 (commencing with Section
321000)) and other applicable statutes.

4(4) Enable the department to reduce, by 2025, the current
5backlog of general plans to be developed for parks that currently
6lack a general plan or that have an existing general plan that is
7more than 25 years old and requires significant revision to address
8pressing public access and resource management issues.

9

SEC. 11.  

Section 5009.1 of the Public Resources Code is
10amended to read:

11

5009.1.  

(a) (1) The department may enter into an agreement
12to accept funds from any person, educational institution, tribal
13government, corporation or other business entity, or organization
14for the maintenance, operation, restoration, repair, development,
15improvement, or enhancement of a designated state park system
16unit or facility, or for research, educational, interpretive,
17recreational, or visitor services provided on or for a designated
18state park system unit or facility. Any funds so received shall be
19deposited in a separate account in the State Park Contingent Fund.
20The funds received shall supplement, but not replace, existing
21resources for the maintenance, operation, restoration, repair,
22development, improvement, or enhancement of the unit or facility,
23or for establishing or enhancing park services provided to visitors.
24The department and the sponsoring or donating person, entity,
25government, or organization shall specify in the agreement the
26level of service that is to be performed.

27(2) Each agreement entered into pursuant to paragraph (1) shall
28include a provision requiring the department to provide to the
29signatory of the agreement or his or her designee an accounting
30of all expenditures made from the donated funds until all of the
31donated funds have been expended. The accountings shall be
32provided on a quarterly basis unless a different frequency is agreed
33to by the parties to the agreement.

34(b) The department may enter into an agreement to accept from
35any person, educational institution, tribal government, corporation
36or other business entity, or organization services for the cleanup,
37repair, development, improvement, restoration, or enhancement
38of any designated state park system unit or facility, or for research,
39educational, interpretive, recreational, or visitor services provided
40on or for a state park system unit or facility. Under the direction
P15   1of the department, these services shall supplement, but not replace,
2existing staff resources for the purpose of enhancing the
3maintenance and operation of the unit or facility or for establishing
4or enhancing park services provided to visitors.

5(c) The director may authorize the erection of an appropriate
6sign in recognition of a donation or sponsorship provided in
7accordance with this section, consistent with existing law and with
8the rules and regulations of the department regarding signs in units
9of the state park system.

10(d) The department may provide free or reduced-cost access to,
11and use of, park facilities to entities that have entered into
12agreements as described in this section, if the public benefit to be
13provided pursuant to the agreement exceeds or is of comparable
14value, as determined by the department, to the access to or use of
15park facilities granted.

16

SEC. 12.  

Section 5010.6 of the Public Resources Code is
17amended to read:

18

5010.6.  

(a) For purposes of this section, “subaccount” means
19the State Parks Revenue Incentive Subaccount created pursuant
20to this section.

21(b) The State Parks Revenue Incentive Subaccount is hereby
22created within the State Parks and Recreation Fund and the
23Controller shall annually transfer four million three hundred forty
24thousand dollars ($4,340,000) from the State Parks and Recreation
25Fund to the subaccount.

26(c) Notwithstanding Section 13340 of the Government Code,
27the funds in the subaccount are hereby continuously appropriated
28to the department for activities, programs, and projects, including,
29but not limited to, capital outlay projects, that are consistent with
30the mission of the department and that increase the department’s
31capacity to generate revenue and to implement the revenue
32generation program developed pursuant to Section 5010.7.
33Expenditures from the subaccount may include expenditures for
34staffing entry points, including department employees, seasonal
35employees, state and local conservation corps, individuals qualified
36pursuant to Chapter 0908 of the Department Operations Manual,
37and employees of organizations with agreements with state parks
38pursuant to Sections 513, 5009.1, 5009.3, and 5080. Activities,
39programs, and projects funded by the subaccount shall each include
40all of the following:

P16   1(1) A clear description of the proposed use of funds.

2(2) A timeframe for implementation of the activity, program,
3or project.

4(3) A projection of revenues, including annual income, fees,
5and projected usage rates.

6(4) A projection of costs, including, if appropriate, design,
7planning, construction, operation, staff, maintenance, marketing,
8and information technology.

9(5) A market analysis demonstrating demand for the activity,
10project, or program.

11(6) A projected rate of return on the investment.

12(d) The Office of State Audits and Evaluations shall review the
13activities, programs, and projects funded from the subaccount
14pursuant to subdivision (c) to ensure appropriate internal controls
15are in place. The department shall reimburse the Office of State
16Audits and Evaluations from the subaccount for any costs related
17to the review.

18(e) The revenue generated from activities, programs, and projects
19funded by the subaccount are continuously appropriated for
20expenditure by the department pursuant to subdivisions (c) and
21(d) of Section 5010.7.

22(f) The funds in the subaccount shall be available for
23encumbrance and expenditure until June 30, 2019, and for
24liquidation until June 30, 2021.

25(g) This section shall become inoperative on June 30, 2021,
26and, as of January 1, 2022, is repealed, unless a later enacted
27statute, that becomes operative on or before January 1, 2022,
28deletes or extends the dates on which it becomes inoperative and
29is repealed.

30begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 5080.23 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
31amended to read:end insert

32

5080.23.  

(a) Notwithstanding any other provision of this
33article, with respect to concession contracts entered into on and
34after October 1, 1994, if the director determines that it is in the
35best interests of the state, the director may, upon giving notice to
36the State Parks and Recreation Commission, in lieu of the process
37for awarding contracts otherwise prescribed in this article, award
38contracts authorizing occupancy of any portion of the state park
39system for a period of more than two years to the best responsible
40person or entity submitting a proposal for a concession contract.

P17   1(b) For any concession contract authorizing occupancy by the
2concessionaire for a period of more than two years of any portion
3of the state park system that is entered into pursuant to this section,
4the department shall prepare a request for proposal, which shall
5include the terms and conditions of the concession sufficient to
6enable a person or entity to submit a proposal for the operation of
7the concession on the basis of the best benefit to the state. Proposals
8shall be completed only on the basis of the request for proposal.

9(c) Any concession contract entered into pursuant to this section
10that is expected to involve a total investment or gross sales in
11excess ofbegin delete five hundred thousand dollars ($500,000)end deletebegin insert one million
12dollars ($1,000,000)end insert
shall comply with the requirements for entry
13into contract that are set forth in Section 5080.20.

14(d) For purposes of this section, “best responsible person or
15entity submitting a proposal” means the person or entity submitting
16a proposal, as determined by specific standards established by the
17department, that will operate the concession in the best interests
18of the state and the public.

19

begin deleteSEC. 13.end delete
20
begin insertSEC. 14.end insert  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.



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