Amended in Assembly June 24, 2015

Amended in Senate April 15, 2015

Amended in Senate March 19, 2015

Senate BillNo. 204


Introduced by Senator Pavley

February 11, 2015


An act to amendbegin insert Section 10110 of the Public Contractend insertbegin insert Code, end insertbegin insertto amendend insert Sections 513, 5001,begin insert 5002.2, 5080.16,end insert and 5080.42 of, to add Sections 5001.2 and 5080.44 to, and to add and repealbegin delete Sections 5002.25end delete begin deleteandend deletebegin insert Sectionend insert 5003.9 of, the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

SB 204, as amended, Pavley. State parks.

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 Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.

The bill would require the Department of Parks and Recreation, on or before December 1, 2016, to prepare a report to the Legislature that identifies the 10 projects within units of the state park system or on other property of the department that may provide the most significant greenhouse gas reductions.

Existing law requires the department to prepare a general plan or revise an existing plan, for a unit of the state park system following classification or reclassification of the unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit.

begin delete

The California Environmental Quality Act (CEQA) requires a lead agency to prepare or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.

end delete
begin delete

This bill would authorize a lead agency responsible for the environmental analysis and review under CEQA of a proposed park development project, until January 1, 2022, to conduct the analysis and review separately from the development and approval of the general plan for the unit, if the proposed project is contained in a management or development plan of the department prepared for that unit that is or was subject to environmental review under CEQA.

end delete
begin insert

This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of preparing a general plan for park units in which minimal development may be proposed.

end insert
begin insert

Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract if specified conditions exist.

end insert
begin insert

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. The bill would also declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.

end insert

Existing law, until January 1, 2019, authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit, or units, or portion of a unit, of the state parkbegin delete system.end deletebegin insert system, butend insertbegin insert authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only toend insertbegin insert avoid closure of a unit or units of the state park system that may otherwise be subject to closure.end insert

This bill would delete the repeal date of that provision, thereby extending its operationbegin delete indefinitely.end deletebegin insert indefinitely, and would delete the above limitation on the department’s authority to enter into end insertbegin insertan operating agreement that involves the operation of the entirety of a park unit.end insert The bill would also authorize the department to accept donations ofbegin delete real property orend delete money from public or private sources to be used for the purpose of funding park programs to benefit youth, as defined. The bill would authorize the department to enter intobegin delete cooperativeend delete agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.begin delete The bill would further declare the intent of the Legislature that the department shall not compete with specified existing concession contracts.end delete

begin insert

Existing law authorizes the Director of the Department of General Services to permit the department to carry out a project where the nature of work is historic preservation of the state park system. Existing law requires the department to solicit bids and award the project to the lowest responsible bidder or reject all bids, if the estimated total cost of the project exceeds $25,000, except as provided.

end insert
begin insert

This bill would increase the dollar threshold described above to the total estimated cost of the project exceeding $750,000.

end insert

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

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

P3    1

SECTION 1.  

It is the intent of the Legislature that the
2Department of Parks and Recreation not compete with existing
3concession contracts through which comparable food and beverage
4services are provided to the public.

5

SEC. 2.  

(a) The Legislature finds and declares all of the
6following:

7(1) Nearly 35,000 volunteers contribute their time and energy
8to the Department of Parks and Recreation, thereby enhancing the
9experiences of visitors, complementing the work of departmental
10staff, and generating economic activity through their voluntary
11efforts at state parks.

12(2) The department estimates that volunteers contribute more
13than 1,000,000 hours each year and generate nearly twenty-five
14million dollars ($25,000,000) in economic value to the local and
15regional economies around state parks through these substantial
16volunteer efforts.

17(3) It is the department’s existing practice to offer one or more
18types of complimentary passes to the department’s volunteers in
P4    1recognition of their value-added contributions. Those
2complimentary passes should also be offered to the volunteers at
3cooperating associations in recognition of the value-added services
4they provide.

5(b) It is the intent of the Legislature that the Department of Parks
6and Recreation extend the existing policies for the issuance of
7complimentary state park passes to persons who volunteer at state
8parks through cooperating associations, as defined in Section 513
9of the Public Resources Code, consistent with the California State
10Government Volunteers Act set forth in Chapter 8.5 (commencing
11with Section 3110) of Division 4 of Title 1 of the Government
12Code.

13begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 10110 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
14to read:end insert

15

10110.  

begin insert(a)end insertbegin insertend insert Where the nature of the work is historic restoration
16for the state park system, as determined jointly by the director and
17the Director of Parks and Recreation, the department may authorize
18the carrying out of the project directly by the Department of Parks
19and Recreation.

begin delete

20If

end delete

21begin insert (b)end insertbegin insertend insertbegin insertIfend insert the estimated total cost of any construction project or
22work carried out under this section exceedsbegin delete twenty-fiveend deletebegin insert seven
23hundred fiftyend insert
thousand dollarsbegin delete ($25,000),end deletebegin insert ($750,000),end insert the
24Department of Parks and Recreation shall solicit bids in writing
25andbegin delete shallend delete award the work to the lowest responsible bidder or reject
26all bids. However, the director may authorize the Department of
27Parks and Recreation to carry out work in excess ofbegin delete twenty-fiveend delete
28begin insert seven hundred fiftyend insert thousand dollarsbegin delete ($25,000)end deletebegin insert ($750,000)end insert under
29the provisions of this section by day labor if the director
30determines, in consultation with the Director of Parks and
31Recreation, that the award of a contract, the acceptance of bids,
32or the acceptance of further bids is not in the best interests of the
33state. The Department of Parks and Recreation shall establish, by
34regulation, criteria to be considered by the Department of Parks
35and Recreation in requesting authorization from the director to
36perform all or part of a project by day labor.

37

begin deleteSEC. 3.end delete
38begin insertSEC. 4.end insert  

Section 513 of the Public Resources Code is amended
39to read:

P5    1

513.  

(a) The department, as a means of furthering the
2interpretive and educational functions of the state park system,
3may enter into an agreement to act cooperatively with a nonprofit
4cooperating association engaged in educational or interpretive
5work in a state park system unit, as the director may designate,
6whereby the cooperating association would furnish educational
7and interpretive materials, or educational and interpretive services,
8or educational and interpretative materials and services, for sale
9to the public.

10(b) Pursuant to Article 1 (commencing with Section 5080.02)
11of Chapter 1.2 of Division 5, a concession may provide materials
12and services that are intended to add to the convenience, enjoyment,
13and safety of state park system visitors. A concession may also
14provide, pursuant to this section, educational and interpretive
15materials and services, as described in paragraphs (2) and (3) of
16subdivision (d), with the approval of the department.

17(c) A cooperating association may provide, pursuant to this
18section, noneducational and noninterpretive materials and services,
19as described in paragraph (4) of subdivision (d), or other materials
20or services that would enhance the visitor experience, as part of
21its cooperating association program with the approval of the
22department, if the department is unable to obtain, through a good
23faith effort, a concessionaire to provide those materials and
24services.

25(d) For purposes of this section, the following definitions apply:

26(1) “Cooperating association” means a corporation that meets
27all of the following criteria:

28(A) The corporation is a nonprofit public benefit corporation,
29organized pursuant to Part 2 (commencing with Section 5110) of
30Division 2 of Title 1 of the Corporations Code.

31(B) The articles of incorporation of the corporation state that
32the specific purpose of the corporation is to provide support for
33educational and interpretive programs of the state park system, or
34portions of the programs.

35(C) The corporation has a cooperating association program
36contract with the department.

37(D) The corporation is in compliance with the department’s
38policies and guidelines regarding cooperating associations and has
39obtained the department’s approval for its educational and
40interpretive materials and services.

P6    1(2) “Educational and interpretive materials” include items that
2promote visitor appreciation, understanding, and knowledge of
3natural, cultural, and historic resources of the state park system,
4including educational and interpretive gifts and souvenirs.

5(3) “Educational and interpretive services” include those
6activities and programs that focus on natural, cultural, and historic
7resources of the state park system and are not generally offered
8by the department.

9(4) “Educational and interpretive materials and services” do not
10include lodging, food service, horse and equipment rentals,
11camping supplies, gifts and souvenirs, other than those described
12in paragraph (2), transportation, except for equipment owned by
13the department, recreational lessons, and the operation of
14specialized facilities within a state park unit such as the theater at
15Hearst San Simeon State Historic Monument and Old Town San
16Diego State Historic Park, golf courses, and marinas.

17(e) The department, at its discretion, may provide the services
18of department personnel and shall provide space, if available, for
19the sale of cooperating association materials, services, or both,
20within a state park unit.

21(f) Subject to rules and regulations that the director shall adopt,
22all moneys collected by the cooperating association or received
23by the department from the sale of cooperating association
24materials, services, or both, provided by a cooperating association
25shall be retained by or returned to the cooperating association for
26use in the programs of the state park system unit that the
27cooperating association has been designated to serve.

28

begin deleteSEC. 4.end delete
29begin insertSEC. 5.end insert  

Section 5001 of the Public Resources Code is amended
30to read:

31

5001.  

(a) The Legislature finds and declares all of the
32following:

33(1) California’s state parks are a true reflection of our state’s
34collective history, natural and cultural heritage, and ideals. The
35state parks can be models of healthy, natural, and sustainable
36ecosystems and they can also commemorate important cultural
37traditions or historic events. To remain relevant now and into the
38future, state parks must protect California’s heritage and be
39welcoming in order that visitors may understand and appreciate
P7    1these special places that have been set aside for their inspiration
2and enjoyment.

3(2) The state parks and other nature, recreation, and historic
4areas deserve to be preserved and managed for the benefit and
5inspiration of all state residents and visitors to the state parks. It
6is the intent of the Legislature to clarify the priorities and
7responsibilities of state agencies with respect to the management
8and administration of the state park system.

9(3) Individual units of the state park system derive increased
10importance and recognition through their inclusion in a unified
11state park system that is preserved and managed for the benefit
12and inspiration of all Californians and visitors to the state.

13(b) The Department of Parks and Recreation has control of the
14state park system.

15

begin deleteSEC. 5.end delete
16begin insertSEC. 6.end insert  

Section 5001.2 is added to the Public Resources Code,
17to read:

18

5001.2.  

The director shall promote and regulate the use of the
19state park system in a manner that conserves the scenery, natural
20and historic resources, and wildlife in the individual units of the
21system for the enjoyment of future generations.

begin delete
22

SEC. 6.  

Section 5002.25 is added to the Public Resources Code,
23to read:

24

5002.25.  

(a) The Legislature finds and declares all of the
25following:

26(1) The development of general plans by the department is
27lagging far behind any reasonable schedule for completion, many
28existing general plans are outdated, and there is no practical ability
29of the department to complete its backlog of general plan
30development or to maintain the relevancy of adopted general plans
31in the future in the face of ever-changing circumstances.

32(2) The conditions described in paragraph (1) should not
33diminish the importance of long-range planning for state parks,
34reduce the opportunities for public input to the department for
35planning, management, or development efforts, or affect the review
36of proposed management or development, as required by all
37applicable laws or regulations.

38(3) An alternative approach to the general planning requirements
39of the department, that does not diminish public input into the
40operations of a state park unit or reduce in any way the evaluation
P8    1of a project that is subject to the California Environmental Quality
2Act (Division 13 (commencing with Section 21000)) and any other
3applicable law, should be tested on a trial basis in order to assess
4its strengths and weaknesses.

5(4) A trial approach to general planning requirements, as
6described in paragraph (3), should be undertaken in park units
7where its use would contribute to a successful partnership
8arrangement with a cooperating association.

9(b) A lead agency responsible for the environmental analysis
10and review, pursuant to the California Environmental Quality Act
11(Division 13 (commencing with Section 21000)), of a proposed
12development project in a unit of the state park system may conduct
13the analysis and review separately from the development and
14approval of the general plan for the unit, if the proposed project
15is contained in a management or development plan of the
16department prepared for that unit that is or was subject to
17environmental review pursuant to the act.

18(c) This section shall remain in effect only until January 1, 2022,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2022, deletes or extends that date.

end delete
21begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 5002.2 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
22amended to read:end insert

23

5002.2.  

(a) begin insert(1)end insertbegin insertend insert Following classification or reclassification of
24a unit by the State Park and Recreation Commission, and prior to
25the development of any new facilities in any previously classified
26unit, the department shall prepare a general plan or revise any
27existing plan,begin delete as the case may be,end delete for the unit.

begin delete

28The

end delete

29begin insert (2)end insertbegin insertend insertbegin insertTheend insert general plan shall consist of elements that will evaluate
30and define the proposed land uses, facilities, concessions, operation
31of the unit, any environmental impacts, and the management of
32resources, and shall serve as a guide for the future development,
33management, and operation of the unit.

begin delete

34The

end delete

35begin insert(3)end insertbegin insertend insertbegin insertTheend insert general plan constitutes a report on a project for the
36purposes of Section 21100. The general plan for a unit shall be
37submitted by the department to the State Park and Recreation
38Commission for approval.

39(b) The resource element of the general plan shall evaluate the
40unit as a constituent of an ecological region and as a distinct
P9    1ecological entity, based upon historical and ecological research of
2plant-animal and soil-geological relationships and shall contain a
3declaration of purpose, setting forth specific long-range
4management objectives for the unit consistent with the unit’s
5classification pursuant to Article 1.7 (commencing with Section
65019.50), and a declaration of resource management policy, setting
7forth the precise actions and limitations required for the
8 achievement of the objectives established in the declaration of
9purpose.

10(c) Notwithstandingbegin delete the requirements ofend delete subdivision (a), the
11department is not required to prepare a general plan for a unit that
12has no general plan or to revise an existing plan, as the case may
13be, if the only development contemplated by the department
14consists of the repair, replacement, or rehabilitation of an existing
15facility; the construction of a temporary facility,begin delete so long as suchend delete
16begin insert if theend insert construction does not result in the permanent commitment
17of a resource of the unit; any undertaking necessary for the
18protection of public health or safety; or any emergency measure
19necessary for the immediate protection of natural or cultural
20resources; or any combinationbegin delete thereofend deletebegin insert of these activitiesend insert at a single
21unit. Any development is subject to the requirements of the
22California Environmental Quality Act (Division 13 (commencing
23with Section 21000)).

24(d) begin deleteAny end deletebegin insertA end insertgeneral plan approved prior to July 1, 1972, may be
25used as the basis for development if the director finds that there
26has been no significant change in the resources of the unit since
27approval of the plan and that the plan is compatible with current
28policies governing development of the unit and the classification
29of the unit.

30(e) Consistent with good planning and sound resource
31management, the department shall, in discharging its
32responsibilities under this section, attempt to make units of the
33state park system accessible and usable by the general public at
34the earliest opportunity.

35(f) The department may prepare a general planbegin delete whichend deletebegin insert thatend insert
36 includes more than one unit of the state park system for unitsbegin delete whichend delete
37begin insert thatend insert are in close proximity to one another andbegin delete whichend deletebegin insert thatend insert have
38similar resources and recreational opportunities if that action will
39 facilitate the protection of public resources and public access to
40units of the state park system.

begin insert

P10   1(g) Notwithstanding subdivision (a), the department may prepare
2a management or development plan that includes appropriate
3environmental review and analysis instead of a general plan for
4park units in which minimal development may be proposed.

end insert
5

begin deleteSEC. 7.end delete
6begin insertSEC. 8.end insert  

Section 5003.9 is added to the Public Resources Code,
7to read:

8

5003.9.  

(a) The Legislature finds and declares that the
9department should identify its energy costs, projects that could
10reduce those costs, and potential energy-related infrastructure
11projects that may be eligible for funding from revenues that may
12be generated pursuant to a market-based compliance mechanism
13that may be adopted by the State Air Resources Board pursuant
14to Part 5 (commencing with Section 38570) of Division 25.5 of
15the Health and Safety Code.

16(b) (1) On or before December 1, 2016, the department shall
17prepare a report to the Legislature that identifies the 10 projects
18within units of the state park system or other property of the
19department that may provide the most significant greenhouse gas
20reductions.

21(2) The report required pursuant to paragraph (1) shall be
22submitted in compliance with Section 9795 of the Government
23Code.

24(c) Pursuant to Section 10231.5 of the Government Code, this
25section is repealed on January 1, 2021.

26begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 5080.16 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
27amended to read:end insert

28

5080.16.  

If the director determines that it isbegin delete forend deletebegin insert inend insert the best
29interests of the state, the director, upon giving notice to the State
30Park and Recreation Commission, may negotiate or renegotiate a
31contract, including terms and conditions, when one or more of the
32following conditions exist:

33(a) The bid process as prescribed in this article has failed to
34produce a best responsible bidder.

35(b) The negotiation or renegotiation would constitute an
36extension of an existing contract obtained through the process
37required by this article and the extended contract would provide
38for substantial and additional concession facilities, which would
39be constructed at the sole expense of the concessionaire and which
P11   1are set forth in the general plan for the unit and are needed to
2accommodate existing or projected increased public usage.

3(c) Lands in the state park system administered by the
4department and lands under the legal control of the prospective
5concessionaire are so situated that the concession is dependent
6upon the use of those public and private lands for the physical or
7economic success, or both, of the concession.

8(d) Whenever a concession is desired for particular interpretive
9purposes in a unit of the state park system and the prospective
10concessionaire possesses special knowledge, experience, skills, or
11ability appropriate to the particular interpretive purposes.

12(e) Whenever the concession has been severely and adversely
13impacted through no fault of the concessionaire by an unanticipated
14calamity, park closure, major construction, or other harmful event
15or action.

16(f) Whenever the estimated administrative costs for the bid
17process exceed the projected annual net rental revenue to the state.

begin insert

18(g) The services provided pursuant to the contract will have
19minimal impacts on state park resources, are inherently mobile
20or transitory in nature, and do not occupy a state-owned structure.
21Those services may include, but are not limited to, mobile food
22and beverage services.

end insert
23

begin deleteSEC. 8.end delete
24begin insertSEC. 10.end insert  

Section 5080.42 of the Public Resources Code is
25amended to read:

26

5080.42.  

(a) Notwithstanding any other provision of this
27article, the department may enter into an operating agreement with
28a qualified nonprofit organization for the development,
29improvement, restoration, care, maintenance, administration, or
30operation of a unit or units, or portion of a unit, of the state park
31system, as agreed to by the director.begin delete If the department enters into
32an operating agreement that involves the operation of the entirety
33of a park unit, that agreement may be entered into pursuant to this
34section only to the extent that the agreement would enable the
35department to avoid closure of a unit or units of the state park
36system that may otherwise be subject to closure.end delete
The prohibition
37on park closures, pursuant to subdivision (a) of Section 541.5, does
38not limit the department’s authority to enter into an operating
39 agreement pursuant to this section, as provided in subdivision (e)
40of Section 541.5. The department may only enter into an operating
P12   1agreement that involves the operation of the entirety of a park unit
2for no more than 20 park units. An operating agreement with a
3qualified nonprofit organization shall include, but shall not be
4limited to, the following conditions:

5(1) The district superintendent for the department shall provide
6liaison with the department, the nonprofit organization, and the
7public.

8(2) The nonprofit organization shall annually submit a written
9report to the department regarding its operating activities during
10the prior year and shall make copies of the report available to the
11public upon request. The report shall be available on the Internet
12Web sites of both the department and the nonprofit organization.
13The report shall include a full accounting of all revenues and
14expenditures for each unit of the state park system that the
15nonprofit organization operates pursuant to an operating agreement.

16(3) (A) Except as provided in subparagraph (B), all revenues
17that the qualified nonprofit organization receives from a unit shall
18be expended only for the care, maintenance, operation,
19administration, improvement, or development of the unit. The
20qualified nonprofit organization may additionally contribute in-kind
21services and funds raised from outside entities for the care,
22maintenance, operation, administration, improvement, or
23development of the unit.

24(B) If the qualified nonprofit organization determines that the
25revenues it has received from a unit are in excess of the revenues
26that are needed for the care, maintenance, operation, administration,
27improvement, or development of that unit, and that these funds
28are not already specified for or committed to specific purposes
29pursuant to an existing agreement or contract restricting the use
30of those funds, the qualified nonprofit organization may dedicate
31those excess revenues to another state park unit for that unit’s care,
32maintenance, operation, administration, improvement, or
33development.

34(4) General Fund moneys shall not be provided to a nonprofit
35organization to subsidize the operation or maintenance of a park
36unit. This paragraph applies to state parks, the full operation of
37which are turned over to a nonprofit organization, but does not
38apply to or preclude the department from entering into agreements
39with nonprofit organizations to operate a portion of a state park
40unit, or from entering into comanagement agreements with
P13   1nonprofit organizations that involve the sharing of operational and
2financial responsibilities for the park unit and that have the effect
3of reducing state costs. This paragraph does not apply to park
4entrance fees, concession revenues, or any other revenues generated
5within a park operated by a nonprofit organization pursuant to this
6section.

7(b) An operating agreement entered into pursuant to subdivision
8(a) shall honor the existing term of a current concession contract
9for the state park unit subject to the operating agreement.

10(c) An operating agreement entered into pursuant to subdivision
11(a) shall specify the duties that the nonprofit organization shall be
12responsible for carrying out relative to management and protection
13of natural, historical, and cultural resources, and shall identify
14those management duties that shall continue to be conducted by
15the department, so that all core operations of the park are
16delineated. Scientific, architectural, and engineering functions that
17require special expertise or professional training shall only be
18conducted by or under the supervision of qualified persons with
19applicable expertise or training and subject to oversight by the
20department.

21(d) This section does not supersede the requirements of Section
225019.53 regarding the protection of natural, scenic, cultural, and
23ecological values.

24(e) The nonprofit organization and the district superintendent
25for the department shall, following submittal of the annual report
26pursuant to subdivision (a), hold a joint public meeting for
27discussion of the report.

28(f) If the department intends to enter into an operating agreement
29for the development, improvement, restoration, care, maintenance,
30administration, or operation of a unit or units, or a portion of a
31unit, the department shall notify the Member of the Legislature in
32whose district the unit is located, the Chair of the Senate Committee
33on Natural Resources and Water, the Chair of the Assembly
34Committee on Water, Parks, and Wildlife, and the chairs of the
35Assembly and Senate budget committees of that intention. The
36notification shall include estimated operating costs and revenues
37and core duties and responsibilities that are likely to be assigned
38to the nonprofit organization and the department.

39(g) For purposes of this section, a qualified nonprofit
40organization is an organization that is all of the following:

P14   1(1) An organization that is exempt from taxation pursuant to
2Section 501(c)(3) of the Internal Revenue Code.

3(2) An organization that has as its principal purpose and activity
4to provide visitor services in state parks, facilitate public access
5to park resources, improve park facilities, provide interpretive and
6educational services, or provide direct protection or stewardship
7of natural, cultural, or historical lands, or resources.

8(3) An organization that is in compliance with the Supervision
9of Trustees and Fundraisers for Charitable Purposes Act, Article
107 (commencing with Section 12580) of Chapter 6 of Part 2 of
11Division 3 of Title 2 of the Government Code.

12(h) (1) Notwithstanding Section 10231.5 of the Government
13Code, the department shall provide a report to the Legislature, on
14a biennial basis, of the status of operating agreements it has entered
15into pursuant to this section. The report shall include a list of units
16of the state park system with operating agreements, discussion of
17the management and operations of each unit subject to an operating
18agreement, an accounting of the revenues and expenditures incurred
19under each operating agreement, and an assessment of the benefit
20to the state from operating agreements entered into pursuant to
21this section.

22(2) A report submitted pursuant to paragraph (1) shall be
23submitted in compliance with Section 9795 of the Government
24Code.

25

begin deleteSEC. 9.end delete
26begin insertSEC. 11.end insert  

Section 5080.44 is added to the Public Resources
27Code
, to read:

28

5080.44.  

(a) The department may accept donations ofbegin delete real
29property orend delete
money from public or private sources to be used for
30the purpose of funding park programs to benefit youth, as described
31in subdivision (b).

32(b) begin deleteThe end deletebegin insertNotwithstanding Article 4 (commencing with Section
3310335) of Chapter 2 of Part 2 of Division 2 ofend insert
begin insert the Public Contract
34Code, the end insert
department may enter intobegin delete cooperative agreementsend delete
35begin insert agreements, including agreements that involve the transfer of end insertbegin insertfunds
36appropriated to the department,end insert
with public or nonprofit
37organizations that serve youth to provide service and learning
38opportunities for young people by performing work on state park
39system programs and projects under the supervision of department
40employees, where the work is not being performed by state park
P15   1employees. Programs and projects covered under this subdivision
2include all of the following:

3(1) Restoring California’s natural, historic, archaeological,
4recreational, and scenic resources.

5(2) Training young people to be public land and resources
6managers and stewards for careers in public service.

7(3) Undertaking appropriate cultural and natural resource
8conservation in a cost-effective and appropriate manner.



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