Amended in Assembly July 14, 2015

Amended in Assembly July 8, 2015

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 amend Section 10110 of the Public Contract Code,begin insert andend insert to amend Sections 513, 5001, 5002.2, 5080.16, and 5080.42 of, to add Sections 5001.2 and 5080.44 to, and to add and repeal Section 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.

This bill would authorize the department to prepare a management or development plan that includes appropriate environmental review and analysis instead of a general plan forbegin delete park units in which minimal development may be proposed and forend delete a park unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades, or resource preservation requirements that are compatible with the classification of the unit.

begin delete

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

end delete
begin delete

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 delete

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 park system, but authorizes the department to enter into an operating agreement that involves the operation of the entirety of a park unit only to avoid closure of a unit or units of the state park system that may otherwise be subject to closure.

This bill would delete the repeal date of that provision, thereby extending its operation indefinitely, and would delete the above limitation on the department’s authority to enter into an operating agreement that involves the operation of the entirety of a park unit. The bill would also authorize the department to accept donations of 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 into agreements with public or nonprofit organizations that serve youth, to provide service and learning opportunities for youth, as described.

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.

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

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

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

begin delete
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.

end delete
5

begin deleteSEC. 2.end delete
6begin insertSECTION 1.end insert  

(a) The Legislature finds and declares all of the
7following:

8(1) Nearly 35,000 volunteers contribute their time and energy
9to the Department of Parks and Recreation, thereby enhancing the
10experiences of visitors, complementing the work of departmental
11staff, and generating economic activity through their voluntary
12efforts at state parks.

13(2) The department estimates that volunteers contribute more
14than 1,000,000 hours each year and generate nearly twenty-five
15million dollars ($25,000,000) in economic value to the local and
16regional economies around state parks through these substantial
17volunteer efforts.

18(3) It is the department’s existing practice to offer one or more
19types of complimentary passes to the department’s volunteers in
20recognition of their value-added contributions. Those
21complimentary passes should also be offered to the volunteers at
22cooperating associations in recognition of the value-added services
23they provide.

24(b) It is the intent of the Legislature that the Department of Parks
25and Recreation extend the existing policies for the issuance of
P4    1complimentary state park passes to persons who volunteer at state
2parks through cooperating associations, as defined in Section 513
3of the Public Resources Code, consistent with the California State
4Government Volunteers Act set forth in Chapter 8.5 (commencing
5with Section 3110) of Division 4 of Title 1 of the Government
6Code.

7

begin deleteSEC. 3.end delete
8begin insertSEC. 2.end insert  

Section 10110 of the Public Contract Code is amended
9to read:

10

10110.  

(a) Where the nature of the work is historic restoration
11for the state park system, as determined jointly by the director and
12the Director of Parks and Recreation, the department may authorize
13the carrying out of the project directly by the Department of Parks
14and Recreation.

15 (b) If the estimated total cost of any construction project or work
16carried out under this section exceeds seven hundred fifty thousand
17dollars ($750,000), the Department of Parks and Recreation shall
18solicit bids in writing and award the work to the lowest responsible
19bidder or reject all bids. However, the director may authorize the
20Department of Parks and Recreation to carry out work in excess
21of seven hundred fifty thousand dollars ($750,000) under the
22provisions of this section by day labor if the director determines,
23in consultation with the Director of Parks and Recreation, that the
24award of a contract, the acceptance of bids, or the acceptance of
25further bids is not in the best interests of the state. The Department
26of Parks and Recreation shall establish, by regulation, criteria to
27be considered by the Department of Parks and Recreation in
28requesting authorization from the director to perform all or part
29of a project by day labor.

30

begin deleteSEC. 4.end delete
31begin insertSEC. 3.end insert  

Section 513 of the Public Resources Code is amended
32to read:

33

513.  

(a) The department, as a means of furthering the
34interpretive and educational functions of the state park system,
35may enter into an agreement to act cooperatively with a nonprofit
36cooperating association engaged in educational or interpretive
37work in a state park system unit, as the director may designate,
38whereby the cooperating association would furnish educational
39and interpretive materials, or educational and interpretive services,
P5    1or educational and interpretative materials and services, for sale
2to the public.

3(b) Pursuant to Article 1 (commencing with Section 5080.02)
4of Chapter 1.2 of Division 5, a concession may provide materials
5and services that are intended to add to the convenience, enjoyment,
6and safety of state park system visitors. A concession may also
7provide, pursuant to this section, educational and interpretive
8materials and services, as described in paragraphs (2) and (3) of
9subdivision (d), with the approval of the department.

10(c) A cooperating association may provide, pursuant to this
11section, noneducational and noninterpretive materials and services,
12as described in paragraph (4) of subdivision (d), or other materials
13or services that would enhance the visitor experience, as part of
14its cooperating association program with the approval of the
15department, if the department is unable to obtain, through a good
16faith effort, a concessionaire to provide those materials and
17services.

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

19(1) “Cooperating association” means a corporation that meets
20all of the following criteria:

21(A) The corporation is a nonprofit public benefit corporation,
22organized pursuant to Part 2 (commencing with Section 5110) of
23Division 2 of Title 1 of the Corporations Code.

24(B) The articles of incorporation of the corporation state that
25the specific purpose of the corporation is to provide support for
26educational and interpretive programs of the state park system, or
27portions of the programs.

28(C) The corporation has a cooperating association program
29contract with the department.

30(D) The corporation is in compliance with the department’s
31policies and guidelines regarding cooperating associations and has
32obtained the department’s approval for its educational and
33interpretive materials and services.

34(2) “Educational and interpretive materials” include items that
35promote visitor appreciation, understanding, and knowledge of
36natural, cultural, and historic resources of the state park system,
37including educational and interpretive gifts and souvenirs.

38(3) “Educational and interpretive services” include those
39activities and programs that focus on natural, cultural, and historic
P6    1resources of the state park system and are not generally offered
2by the department.

3(4) “Educational and interpretive materials and services” do not
4include lodging, food service, horse and equipment rentals,
5camping supplies, gifts and souvenirs, other than those described
6in paragraph (2), transportation, except for equipment owned by
7the department, recreational lessons, and the operation of
8specialized facilities within a state park unit such as the theater at
9Hearst San Simeon State Historic Monument and Old Town San
10Diego State Historic Park, golf courses, and marinas.

11(e) The department, at its discretion, may provide the services
12of department personnel and shall provide space, if available, for
13the sale of cooperating association materials, services, or both,
14within a state park unit.

15(f) Subject to rules and regulations that the director shall adopt,
16all moneys collected by the cooperating association or received
17by the department from the sale of cooperating association
18materials, services, or both, provided by a cooperating association
19shall be retained by or returned to the cooperating association for
20use in the programs of the state park system unit that the
21cooperating association has been designated to serve.

22

begin deleteSEC. 5.end delete
23begin insertSEC. 4.end insert  

Section 5001 of the Public Resources Code is amended
24to read:

25

5001.  

(a) The Legislature finds and declares all of the
26following:

27(1) California’s state parks are a true reflection of our state’s
28collective history, natural and cultural heritage, and ideals. The
29state parks can be models of healthy, natural, and sustainable
30ecosystems and they can also commemorate important cultural
31traditions or historic events. To remain relevant now and into the
32future, state parks must protect California’s heritage and be
33welcoming in order that visitors may understand and appreciate
34these special places that have been set aside for their inspiration
35and enjoyment.

36(2) The state parks and other nature, recreation, and historic
37areas deserve to be preserved and managed for the benefit and
38inspiration of all state residents and visitors to the state parks. It
39is the intent of the Legislature to clarify the priorities and
P7    1responsibilities of state agencies with respect to the management
2and administration of the state park system.

3(3) Individual units of the state park system derive increased
4importance and recognition through their inclusion in a unified
5state park system that is preserved and managed for the benefit
6and inspiration of all Californians and visitors to the state.

7(b) The Department of Parks and Recreation has control of the
8state park system.

9

begin deleteSEC. 6.end delete
10begin insertSEC. 5.end insert  

Section 5001.2 is added to the Public Resources Code,
11to read:

12

5001.2.  

The director shall promote and regulate the use of the
13state park system in a manner that conserves the scenery, natural
14and historic resources, and wildlife in the individual units of the
15system for the enjoyment of future generations.

16

begin deleteSEC. 7.end delete
17begin insertSEC. 6.end insert  

Section 5002.2 of the Public Resources Code is
18amended to read:

19

5002.2.  

(a) (1) Following classification or reclassification of
20a unit by the State Park and Recreation Commission, and prior to
21the development of any new facilities in any previously classified
22unit, the department shall prepare a general plan or revise any
23existing plan, for the unit.

24 (2) The general plan shall consist of elements that will evaluate
25and define the proposed land uses, facilities, concessions, operation
26of the unit, any environmental impacts, and the management of
27resources, and shall serve as a guide for the future development,
28management, and operation of the unit.

29(3) The general plan constitutes a report on a project for the
30purposes of Section 21100. The general plan for a unit shall be
31submitted by the department to the State Park and Recreation
32Commission for approval.

33(b) The resource element of the general plan shall evaluate the
34unit as a constituent of an ecological region and as a distinct
35ecological entity, based upon historical and ecological research of
36plant-animal and soil-geological relationships and shall contain a
37declaration of purpose, setting forth specific long-range
38management objectives for the unit consistent with the unit’s
39classification pursuant to Article 1.7 (commencing with Section
405019.50), and a declaration of resource management policy, setting
P8    1forth the precise actions and limitations required for the
2 achievement of the objectives established in the declaration of
3purpose.

4(c) Notwithstanding subdivision (a), the department is not
5required to prepare a general plan for a unit that has no general
6plan or to revise an existing plan if the only development
7contemplated by the department consists of the repair, replacement,
8or rehabilitation of an existing facility; the construction of a
9temporary facility, if the construction does not result in the
10permanent commitment of a resource of the unit; any undertaking
11necessary for the protection of public health or safety; or any
12emergency measure necessary for the immediate protection of
13natural or cultural resources; or any combination of these activities
14at a single unit. Any development is subject to the requirements
15of the California Environmental Quality Act (Division 13
16 (commencing with Section 21000)).

17(d) Notwithstanding subdivision (a), the department is not
18required to prepare a general plan or revise an existing plan for a
19unit to which new development is necessary to comply with public
20service delivery obligations, operational or code compliance
21upgrades, or resource preservation requirements that are compatible
22with the classification of the unit. The department may instead
23prepare a management or development plan with appropriate
24environmental review and analysis.

25(e) Consistent with good planning and sound resource
26management, the department shall, in discharging its
27responsibilities under this section, attempt to make units of the
28state park system accessible and usable by the general public at
29the earliest opportunity.

30(f) The department may prepare a general plan that includes
31more than one unit of the state park system for units that are in
32close proximity to one another and that have similar resources and
33recreational opportunities if that action will facilitate the protection
34of public resources and public access to units of the state park
35system.

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36(g) Notwithstanding subdivision (a), the department may prepare
37a management or development plan that includes appropriate
38environmental review and analysis instead of a general plan for
39park units in which minimal development may be proposed.

end delete
P9    1

begin deleteSEC. 8.end delete
2begin insertSEC. 7.end insert  

Section 5003.9 is added to the Public Resources Code,
3to read:

4

5003.9.  

(a) The Legislature finds and declares that the
5department should identify its energy costs, projects that could
6reduce those costs, and potential energy-related infrastructure
7projects that may be eligible for funding from revenues that may
8be generated pursuant to a market-based compliance mechanism
9that may be adopted by the State Air Resources Board pursuant
10to Part 5 (commencing with Section 38570) of Division 25.5 of
11the Health and Safety Code.

12(b) (1) On or before December 1, 2016, the department shall
13prepare a report to the Legislature that identifies the 10 projects
14within units of the state park system or other property of the
15department that may provide the most significant greenhouse gas
16reductions.

17(2) The report required pursuant to paragraph (1) shall be
18submitted in compliance with Section 9795 of the Government
19Code.

20(c) Pursuant to Section 10231.5 of the Government Code, this
21section is repealed on January 1, 2021.

22

begin deleteSEC. 9.end delete
23begin insertSEC. 8.end insert  

Section 5080.16 of the Public Resources Code is
24amended to read:

25

5080.16.  

If the director determines that it is in the best interests
26of the state, the director, upon giving notice to the State Park and
27Recreation Commission, may negotiate or renegotiate a contract,
28including terms and conditions, when one or more of the following
29conditions exist:

30(a) The bid process as prescribed in this article has failed to
31produce a best responsible bidder.

32(b) The negotiation or renegotiation would constitute an
33extension of an existing contract obtained through the process
34required by this article and the extended contract would provide
35for substantial and additional concession facilities, which would
36be constructed at the sole expense of the concessionaire and which
37are set forth in the general plan for the unit and are needed to
38accommodate existing or projected increased public usage.

39(c) Lands in the state park system administered by the
40department and lands under the legal control of the prospective
P10   1concessionaire are so situated that the concession is dependent
2upon the use of those public and private lands for the physical or
3economic success, or both, of the concession.

4(d) Whenever a concession is desired for particular interpretive
5purposes in a unit of the state park system and the prospective
6concessionaire possesses special knowledge, experience, skills, or
7ability appropriate to the particular interpretive purposes.

8(e) Whenever the concession has been severely and adversely
9impacted through no fault of the concessionaire by an unanticipated
10calamity, park closure, major construction, or other harmful event
11or action.

12(f) Whenever the estimated administrative costs for the bid
13process exceed the projected annual net rental revenue to the state.

begin delete

14(g) The services provided pursuant to the contract will have
15minimal impacts on state park resources, are inherently mobile or
16transitory in nature, and do not occupy a state-owned structure.
17Those services may include, but are not limited to, mobile food
18and beverage services.

end delete
19

begin deleteSEC. 10.end delete
20begin insertSEC. 9.end insert  

Section 5080.42 of the Public Resources Code is
21amended to read:

22

5080.42.  

(a) Notwithstanding any other provision of this
23article, the department may enter into an operating agreement with
24a qualified nonprofit organization for the development,
25improvement, restoration, care, maintenance, administration, or
26operation of a unit or units, or portion of a unit, of the state park
27system, as agreed to by the director. The prohibition on park
28closures, pursuant to subdivision (a) of Section 541.5, does not
29limit the department’s authority to enter into an operating
30 agreement pursuant to this section, as provided in subdivision (e)
31of Section 541.5. The department may only enter into an operating
32agreement that involves the operation of the entirety of a park unit
33for no more than 20 park units. An operating agreement with a
34qualified nonprofit organization shall include, but shall not be
35limited to, the following conditions:

36(1) The district superintendent for the department shall provide
37liaison with the department, the nonprofit organization, and the
38public.

39(2) The nonprofit organization shall annually submit a written
40report to the department regarding its operating activities during
P11   1the prior year and shall make copies of the report available to the
2public upon request. The report shall be available on the Internet
3Web sites of both the department and the nonprofit organization.
4The report shall include a full accounting of all revenues and
5expenditures for each unit of the state park system that the
6nonprofit organization operates pursuant to an operating agreement.

7(3) (A) Except as provided in subparagraph (B), all revenues
8that the qualified nonprofit organization receives from a unit shall
9be expended only for the care, maintenance, operation,
10administration, improvement, or development of the unit. The
11qualified nonprofit organization may additionally contribute in-kind
12services and funds raised from outside entities for the care,
13maintenance, operation, administration, improvement, or
14development of the unit.

15(B) If the qualified nonprofit organization determines that the
16 revenues it has received from a unit are in excess of the revenues
17that are needed for the care, maintenance, operation, administration,
18improvement, or development of that unit, and that these funds
19are not already specified for or committed to specific purposes
20pursuant to an existing agreement or contract restricting the use
21of those funds, the qualified nonprofit organization may dedicate
22those excess revenues to another state park unit for that unit’s care,
23maintenance, operation, administration, improvement, or
24development.

25(4) General Fund moneys shall not be provided to a nonprofit
26organization to subsidize the operation or maintenance of a park
27unit. This paragraph applies to state parks, the full operation of
28which are turned over to a nonprofit organization, but does not
29apply to or preclude the department from entering into agreements
30with nonprofit organizations to operate a portion of a state park
31unit, or from entering into comanagement agreements with
32nonprofit organizations that involve the sharing of operational and
33financial responsibilities for the park unit and that have the effect
34of reducing state costs. This paragraph does not apply to park
35entrance fees, concession revenues, or any other revenues generated
36within a park operated by a nonprofit organization pursuant to this
37section.

38(b) An operating agreement entered into pursuant to subdivision
39(a) shall honor the existing term of a current concession contract
40for the state park unit subject to the operating agreement.

P12   1(c) An operating agreement entered into pursuant to subdivision
2(a) shall specify the duties that the nonprofit organization shall be
3responsible for carrying out relative to management and protection
4of natural, historical, and cultural resources, and shall identify
5those management duties that shall continue to be conducted by
6the department, so that all core operations of the park are
7delineated. Scientific, architectural, and engineering functions that
8require special expertise or professional training shall only be
9conducted by or under the supervision of qualified persons with
10applicable expertise or training and subject to oversight by the
11department.

12(d) This section does not supersede the requirements of Section
135019.53 regarding the protection of natural, scenic, cultural, and
14ecological values.

15(e) The nonprofit organization and the district superintendent
16for the department shall, following submittal of the annual report
17pursuant to subdivision (a), hold a joint public meeting for
18discussion of the report.

19(f) If the department intends to enter into an operating agreement
20for the development, improvement, restoration, care, maintenance,
21administration, or operation of a unit or units, or a portion of a
22unit, the department shall notify the Member of the Legislature in
23whose district the unit is located, the Chair of the Senate Committee
24on Natural Resources and Water, the Chair of the Assembly
25Committee on Water, Parks, and Wildlife, and the chairs of the
26Assembly and Senate budget committees of that intention. The
27notification shall include estimated operating costs and revenues
28and core duties and responsibilities that are likely to be assigned
29to the nonprofit organization and the department.

30(g) For purposes of this section, a qualified nonprofit
31organization is an organization that is all of the following:

32(1) An organization that is exempt from taxation pursuant to
33Section 501(c)(3) of the Internal Revenue Code.

34(2) An organization that has as its principal purpose and activity
35to provide visitor services in state parks, facilitate public access
36to park resources, improve park facilities, provide interpretive and
37educational services, or provide direct protection or stewardship
38of natural, cultural, or historical lands, or resources.

39(3) An organization that is in compliance with the Supervision
40of Trustees and Fundraisers for Charitable Purposes Act, Article
P13   17 (commencing with Section 12580) of Chapter 6 of Part 2 of
2Division 3 of Title 2 of the Government Code.

3(h) (1) Notwithstanding Section 10231.5 of the Government
4Code, the department shall provide a report to the Legislature, on
5a biennial basis, of the status of operating agreements it has entered
6into pursuant to this section. The report shall include a list of units
7of the state park system with operating agreements, discussion of
8the management and operations of each unit subject to an operating
9agreement, an accounting of the revenues and expenditures incurred
10under each operating agreement, and an assessment of the benefit
11to the state from operating agreements entered into pursuant to
12this section.

13(2) A report submitted pursuant to paragraph (1) shall be
14submitted in compliance with Section 9795 of the Government
15Code.

16

begin deleteSEC. 11.end delete
17begin insertSEC. 10.end insert  

Section 5080.44 is added to the Public Resources
18Code
, to read:

19

5080.44.  

(a) The department may accept donations of money
20from public or private sources to be used for the purpose of funding
21park programs to benefit youth, as described in subdivision (b).

22(b) Notwithstanding Article 4 (commencing with Section 10335)
23of Chapter 2 of Part 2 of Division 2 of the Public Contract Code,
24the department may enter into agreements, including agreements
25that involve the transfer of funds appropriated to the department,
26with public or nonprofit organizations that serve youth to provide
27service and learning opportunities for young people by performing
28work on state park system programs and projects under the
29supervision of department employees, where the work is not being
30performed by state park employees. Programs and projects covered
31under this subdivision include all of the following:

32(1) Restoring California’s natural, historic, archaeological,
33recreational, and scenic resources.

34(2) Training young people to be public land and resources
35managers and stewards for careers in public service.

36(3) Undertaking appropriate cultural and natural resource
37conservation in a cost-effective and appropriate manner.



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