SB 204, as introduced, Pavley. State parks.
(1) Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system.
This bill would require the Department of Parks and Recreation, on or before July 1, 2016, to prepare a report to the Legislature that fully addresses the department’s energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects, as specified.
(2) Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.
This bill would additionally authorize the director to negotiate or renegotiate a concession contract if the services provided pursuant to the contract will have minimal impact on state park resources, are inherently mobile or transitory in nature, and do not occupy a state-owned structure.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5003.9 is added to the Public Resources
2Code, to read:
(a) The Legislature finds and declares that the
2department should identify its energy costs, projects that could
3reduce those costs, and potential energy-related infrastructure
4projects that may be eligible for funding from revenues that may
5be generated pursuant to a market-based compliance mechanism
6that may be adopted by the State Air Resources Board pursuant
7to Part 5 (commencing with Section 38570) of Division 25.5 of
8the Health and Safety Code.
9(b) (1) On or before July 1, 2016, the department shall prepare
10a report to the Legislature that fully addresses the matter described
11in subdivision (a).
12(2) The report
required pursuant to paragraph (1) shall be
13submitted in compliance with Section 9795 of the Government
14Code.
15(c) Pursuant to Section 10231.5 of the Government Code, this
16section is repealed on January 1, 2021.
Section 5080.16 of the Public Resources Code is
18amended to read:
If the director determines that it isbegin delete forend deletebegin insert inend insert the best
20interests of the state, the director, upon giving notice to the State
21Park and Recreation Commission, may negotiate or renegotiate a
22contract, including terms and conditions, when one or more of the
23following conditions exist:
24(a) The bid process as prescribed in this article has failed to
25produce a best responsible bidder.
26(b) The negotiation or renegotiation would constitute an
27extension of an
existing contract obtained through the process
28required by this article and the extended contract would provide
29for substantial and additional concession facilities, which would
30be constructed at the sole expense of the concessionaire and which
31are set forth in the general plan for the unit and are needed to
32accommodate existing or projected increased public usage.
33(c) Lands in the state park system administered by the
34department and lands under the legal control of the prospective
35concessionaire are so situated that the concession is dependent
36upon the use of those public and private lands for the physical or
37economic success, or both, of the concession.
38(d) Whenever a concession is desired for particular interpretive
39purposes in a unit of the state park system and the prospective
P3 1concessionaire possesses special knowledge, experience, skills, or
2ability appropriate to the
particular interpretive purposes.
3(e) Whenever the concession has been severely and adversely
4impacted through no fault of the concessionaire by an unanticipated
5calamity, park closure, major construction, or other harmful event
6or action.
7(f) Whenever the estimated administrative costs for the bid
8process exceed the projected annual net rental revenue to the state.
9(g) The services provided pursuant to the contract will have
10minimal impacts on state park resources, are inherently mobile
11or transitory in nature, and do not occupy a state-owned structure.
12Those services may include, but are not limited to, mobile food
13and beverage services.
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