Amended in Senate June 21, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2909

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

March 9, 2016

An act to begin delete amend Sections 5009.1 and 5010.6 of the Public Resources end delete begin insert add Section 1733 to the Water end insert Code, relating to begin delete state parks. end delete begin insert water. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2909, as amended, begin delete Committee on Water, Parks, and Wildlife end delete   begin insert Levine end insert . begin delete State parks: funding. end delete begin insert Water: transfer or exchange: expedited review. end insert

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Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law provides procedures for a permittee or licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights, as specified.

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This bill would require the board to develop and implement an expedited 30-day review process for approval of petitions to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer is for a reoccurring water transfer, as defined, or an environmentally beneficial transfer, as defined. The bill would require the Department of Water Resources to develop a 30-day review process for reoccurring water transfers between contractors for State Water Project water and for reoccurring water transfers that utilize facilities of the State Water Project. The bill would repeal its provisions as of January 1, 2022.

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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.

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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.

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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 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.

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

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 1733 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

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begin insert 1733. end insert   

(a) For the purposes of this section:

(1) “Environmentally beneficial transfer” means a transfer that
does not negatively impact an ecosystem’s health or local drinking
water supply in the source area and includes any of the following:

(A) A transfer between water users that is designed to benefit
the environment.

(B) A transfer that protects habitat and sensitive wildlife or
enhances managed wetland supply, wildlife refuges, ecosystems,
and instream flow.

(C) A transfer that benefits local drinking water supplies by
reducing local groundwater overdraft or improving water quality.

(D) A transfer that contributes to the implementation of the
Sustainable Groundwater Management Act (Part 2.74
(commencing with Section 10720) of Division 6).

(2) “Reoccurring water transfer” means a transfer of one year
or less that is substantially similar in volume, time of year, and
hydrologic conditions to a transfer previously approved by the
department or the board in the past 48 months.

(b) The board shall develop and implement an expedited 30-day
review process for approval of petitions to temporarily change the
point of diversion, place of use, or purpose of use due to a transfer
or exchange of water or water rights if the transfer is for a
reoccurring water transfer or an environmentally beneficial
transfer.

(c) The department shall develop a 30-day review process for
reoccurring water transfers between contractors for State Water
Project water and for reoccurring water transfers that utilize
facilities of the State Water Project.

(d) Transfers under this section shall not alter the priority for
use of conveyance facilities.

(e) This section applies in addition to any other law relating to
water transfers or exchanges.

(f) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

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SECTION 1.  

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

5009.1.  

(a) (1) 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.

(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.

(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.

SEC. 2.  

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.

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