Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2909

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

March 9, 2016

An act to amend begin delete Section end delete begin insert Sections 5009.1 and end insert 5010.6 of the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

AB 2909, as amended, Committee on Water, Parks, and Wildlife. State begin delete Parks Revenue Incentive Subaccount. end delete begin insert parks: funding. end insert

begin insert

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

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 begin delete Department of Parks and Recreation end delete begin insert department end insert 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.

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

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

begin insert

begin insert SECTION end insert begin insert 1. 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 funds donated and deposited into that account
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 delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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

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, including, if appropriate, 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.