BILL ANALYSIS Ó AB 2909 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE Marc Levine, Chair AB 2909 (Committee on Water, Parks, and Wildlife) - As Amended April 5, 2016 SUBJECT: State Parks Revenue Incentive Subaccount SUMMARY: Clarifies the information that must be included in a projection of costs for activities funded by the State Parks Revenue Incentive Subaccount, and requires the Department of Parks & Recreation (DPR) to provide an accounting to donors of expenditures of donations deposited in the State Park Contingent Fund. Specifically, this bill: 1)Clarifies that projections of costs for revenue generation projects funded with revenues from the State Park Revenue Generation Subaccount in the State Parks and Recreation Fund shall include those costs that are appropriate to the project. 2)Requires DPR, for each donation received and deposited in the State Park Contingent Fund, provide the donor of record with a quarterly accounting of all expenditures made from the donated funds. EXISTING LAW: AB 2909 Page 2 1)Establishes the State Parks Revenue Incentive Subaccount in the State Parks and Recreation Fund, and continuously appropriates funds in the subaccount to DPR for activities, programs and projects that are consistent with the mission of DPR and increase DPR's capacity to generate revenue and implement a revenue generating program. Requires that activities funded by the subaccount include, among other things, a projection of costs, including design, planning, construction, operation, staff, maintenance, marketing, and information technology. 2)Authorizes DPR to enter into agreements to accept donations of funds from any person for the maintenance, operation, restoration, repair, development, improvement, or enhancement of a state park system unit. Requires that any funds so received be deposited in a separate account in the State Park Contingent Fund. Provides that such funds shall supplement, but not replace existing resources for support of the parks. Requires DPR and the donating entity to specify in the agreement the level of service that is to be performed. FISCAL EFFECT: Unknown COMMENTS: This bill is a committee bill of the Assembly Water, Parks and Wildlife Committee that would make a technical amendment to clarify the information that is required to be included in projections of costs for revenue generation projects funding from the State Park Revenue Generation Subaccount. This bill would also require DPR to provide quarterly accountings to donors of expenditures of funds donated for support of state park units. 1)Author's Statement: AB 2909 is a committee bill of the AB 2909 Page 3 Assembly Water, Parks and Wildlife Committee that would clarify the information that must be included in cost analyses required for state park revenue generation projects, and improve the accounting that the state provides to state park donors. 2)Background: DPR manages a system of 280 parks covering more than 1.5 million acres of the State's natural, cultural and historic sites. In 2011, DPR was in serious financial trouble to the point where 70 parks were proposed for closure. In 2012, the Legislature passed a package of bills [AB 1478 (Blumenfield), Chapter 530; AB 1589 (Huffman), Chapter 533; and SB 1018 (Committee on Budget), Chapter 39, Statutes of 2012] that averted the need to close parks. Part of the long-term solution envisioned in that package of bills was to develop and implement a plan for parks to increase their revenue generation. The Legislature required that expenditures of funds used to increase revenue generation for parks needed to include a clear description of the use of the funds, an implementation plan, a projection of revenue, a projection of costs, a demonstration of demand, and a projected rate of return. The Legislature also clarified DPR's authority to accept donations of funds, services and projects for support of state parks in AB 549 (Levine), Chapter 559, Statues of 2015. Monetary donations received by DPR are deposited in the State Park Contingent Fund. An independent commission known as the Parks Forward Commission was created in 2013 to develop recommendations on ways to improve the long term sustainability of the state park system. The Commission produced a report that includes a number of recommendations, including recommendations for protection of natural resources, improving park access for underserved communities, improving and expanding park partnerships, and enhancing revenue generation. DPR also established a Transformation Team that is working on implementing the AB 2909 Page 4 recommendations. The Commission and the Transformation Team continue to work on revenue generation efforts for state parks, along with other priorities, such as park access and partnerships. This bill would clarify that the specifics of the cost analysis required for revenue generation projects funded with revenues from the State Parks Revenue Generation subaccount are based on parameters that would reasonably apply to the project. Existing law requires that the analysis include specific items that are not always applicable to every revenue project. For example, staffing a kiosk with seasonal staff would not necessarily require analysis of information technology, design, construction or planning. This bill clarifies that only those items which are appropriate or reasonably applicable to the specific revenue project need to be included in the analysis. This bill would also specify that for each donation received by DPR and deposited in the State Park Contingent Fund, DPR shall provide the donor with a quarterly accounting of expenditures made from the donated funds. This will help provide confidence to donors that donations in support of state parks will continue to be used for the purposes agreed to by the donor and the state. 3)Prior and Related Legislation: AB 549 (Levine), Chapter 559, Statutes of 2015, streamlined the process for review and approval of proposed state park concession agreements, and clarified DPR's authority to accept donations of funds, services and projects for support of state parks. SB 1018 (Committee on Budget), Chapter 39, Statutes of 2012, among other things, required DPR to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy, in accordance with prescribed requirements. It also created the State Parks Revenue Incentive Subaccount within the State Parks and AB 2909 Page 5 Recreation Fund. AB 1589 (Huffman), Chapter 533, Statutes of 2012, enacted the California State Park Stewardship Act of 2012, and, among other things, required DPR to develop a prioritized action plan to increase revenues at state parks. 4)Support Arguments: None received. 5)Opposition Arguments: None received. REGISTERED SUPPORT / OPPOSITION: Support None on file. Opposition None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096 AB 2909 Page 6