BILL NUMBER: SB 1078 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2012
INTRODUCED BY Senator Evans
FEBRUARY 14, 2012
An act to add Section 6216.8 to, and to add and repeal
Section Sections 5080.46 of,
and 5080.47 to the Public Resources Code,
relating to state lands parks, and making an
appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 1078, as amended, Evans. State lands: delinquent rent
program: parks: state park revenue generation
program. and insurance risk pool.
Existing law vests the Department of Parks and Recreation with
control over the state park system. Existing law creates the State
Parks and Recreation Fund into which are deposited revenues received
by the department, which are available for expenditure for state park
purposes upon appropriation by the Legislature.
This bill would require the department, by July 1, 2013, to
establish within the department an innovation team with specified
responsibilities related to the generation of revenue for the
department. The bill would authorize a district superintendent or
park manager to establish an innovation working group for the
district or unit of the state park system. The bill would require the
innovation working group to develop a business plan for a 5-year
period outlining ways that the specific park district or unit of the
state park system can become more self-sustainable, increase
visitation, and generate new revenues. The bill would require the
innovation team to, among other things, assist the innovation working
groups in developing business plans for their particular park
district or unit of the state park system and to review the business
plans. The bill would require the business plans to be submitted to
the Director of Parks and Recreation for approval. The bill would
require the director to review each business plan for compliance with
the corresponding park's general plan. The bill would require 70% of
revenue generated by an approved business plan for the particular
park district unit of the state park system to be deposited into the
Park Innovation Account, which would be established in the State
Parks and Recreation Fund. The bill would authorize the Controller to
establish appropriate subaccounts in the account for each park
district and unit of the state park system. The bill would
continuously appropriate to the department moneys in the account and
subaccounts for the support of the district or unit that generated
the revenue, thereby making an appropriation. The bill would require
the remaining 30% to be deposited into the State Parks and Recreation
Fund.
This bill would also require the department to provide technical
assistance to nonprofit organizations, which have or are developing
operating agreements to manage a state park unit, to establish or
join an insurance risk pool.
Existing law requires the State Lands Commission in the Natural
Resources Agency to take various actions with regard to the
administration and control of, including the management and lease of,
state lands.
This bill would require the commission, no later than April 30,
2013, to develop and implement a plan to collect delinquent rents and
renegotiate expired and undervalued leases for state land and
properties under the commission's control. The bill would provide for
the loan of $1,000,000 from the General Fund to be made available to
the commission, upon appropriation by the Legislature, to develop
and implement the plan, including the hiring of necessary new staff.
The bill would require that any revenues received by the
commission from the collection of delinquent rents and the
renegotiation of expired and undervalued leases for state lands be
deposited into the Delinquent Rent Collection Program Account in the
General Fund, which the bill would create. The bill would require
that all revenues received by the commission from the collection of
delinquent rents and the renegotiation of expired and undervalued
leases for state lands and property be made available, upon
appropriation by the Legislature, to repay the above-described loan
to the commission to develop and implement the plan, and for
allocation to the Department of Parks and Recreation, in specified
amounts, for specified purposes relating to the study and
implementation of park revenue increase studies and revenue
generating programs, as prescribed.
The bill would require the department, until January 1, 2016, to
develop and implement a pilot program intended to increase existing
revenues and develop new sources of income at individual units of the
state park system, as prescribed. The bill would require the
department, not later than December 31, 2015, to report to the
Legislature on the effectiveness of the pilot program required to be
developed and implemented pursuant to those provisions.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the California State Parks Sustainability Through Innovation
Act.
SEC. 2. (a) The Legislature finds and declares
both of the following:
(1) The state park system should become more self-sufficient and
financially sustainable without losing sight of its mission to
protect its valuable resources and provide maximum access to
residents and visitors.
(2) The Department of Parks and Recreation should value the
experience, commitment, and initiative of its employees and allies
throughout the state while providing training needed to meet new
professional goals.
(b) It is the intent of the Legislature to do both of the
following:
(1) Create innovation working groups within park districts or
units of the state park system with the responsibility for creating
business plans for those park districts or units of the state park
system to make those districts or units more self-sufficient,
increase visitation, and generate new revenues.
(2) Create, in the Department of Parks and Recreation, an
innovation team that would be responsible for evaluating new revenue
generation programs, both systemwide and for specific units of the
state park system, and assisting the innovation working groups in the
development of business plans.
SEC. 3. Section 5080.46 is added to the
Public Resources Code , to read:
5080.46. (a) (1) By July 1, 2013, the department shall establish
an innovation team within the department. The innovation team shall
consist of not more than 10 members, selected from current employees,
and shall do all of the following:
(A) Study and implement ways to increase and generate new park
revenues.
(B) Assist a park district or unit of the state park system in
establishing an innovation working group and developing a business
plan for that district or unit.
(2) The innovation team shall meet at least once a month.
(3) The innovation team, in evaluating revenue generation ideas,
shall consider all of the following:
(A) The feasibility of establishing a regional park pass that can
be used in specific regions of the state and has a lower cost than
the annual state park pass.
(B) Participating in cooperative ventures with county park
departments to establish a regional park pass that allows a person to
access state and local parks in specific regions of the state.
(C) The feasibility of issuing a state park pass that provides
extra value, such as coupons for recreational goods and services.
(D) The creation of a voluntary contribution checkoff option on
state tax return forms allowing a person to purchase a state park
pass.
(E) The implementation of a plan to initiate concessionaire
contracts that will increase state revenues.
(F) The feasibility of contractual agreements with public and
private transportation agencies to allow for the use of existing toll
passes, such as FasTrak, at entrance facilities at a unit of the
state park system.
(G) The use of credit cards at automated and manned entrance
kiosks.
(H) The sale of state park passes at commercial retail
establishments with special promotions.
(I) The removal of barriers to allow for, with proper safeguards,
the use of historical buildings for revenue-generating events, such
as theater, concerts, public meetings, and conventions, that do not
change the historical character of the building or lend its name to a
commercial enterprise.
(4) (A) The innovation team may recommend to the director the
dissolution of an innovation working group for a specific unit of the
state park system or park district.
(B) The innovation team shall assist the innovation working groups
in developing a business plan for their particular park district or
unit of the state park system.
(5) (A) The innovation team shall review the business plan
developed by an innovation working group and make recommendations to
the director on the business plan.
(B) (i) The director shall review the business plan for compliance
with the park's general plan.
(ii) If the director determines that the business plan is not in
compliance with the park's general plan, the director shall amend, as
appropriate, the park's general plan to accommodate the
implementation of the business plan.
(C) If the director approves a business plan, the director may
authorize the appropriate district superintendent or park manager to
implement the business plan.
(D) The innovation team shall review and submit to the director
the annual progress report submitted by the innovation working group
on the implementation of the business plan.
(b) (1) A district superintendent or park manager may establish an
innovation working group with his or her district or unit of the
state park system for the purposes of developing a business plan for
the district or unit.
(2) The district superintendent or park manager shall establish a
community advisory board of not more than six members and six
alternates consisting of residents living near the park district or
near the unit of the state park system for the purposes of providing
community input in the development of the business plan.
(3) The innovation working group of a particular park district or
unit of the state park system shall do all of the following:
(A) Develop a business plan for a five-year period outlining ways
that the unit or district can become more self-sustainable, increase
visitation, and generate new revenues.
(B) Consult with the district superintendent or park manager on
the implementation of the business plan or projects generating new
revenue for the district or unit of the state park system.
(C) Submit to the innovation team an annual progress report on the
implementation of an approved business plan.
(D) Make recommendations to the district superintendent or park
manager on the use of moneys appropriated pursuant to subparagraph
(A) of paragraph (1) of subdivision (c).
(E) Meet at least quarterly with a community advisory board and
hold at least one community public meeting per year.
(c) (1) Revenues generated by the business plan developed by an
innovation working group for a particular unit of the state park
system or park district shall be allocated as follows:
(A) Seventy percent shall be deposited into the Park Innovation
Account, which is hereby established within State Parks and
Recreation Fund. The Controller may establish appropriate subaccounts
within the account for each park district or unit of the state park
system with an approved business plan and deposit the appropriate
revenue in those subaccounts. Notwithstanding Section 13340 of the
Government Code, moneys in the account and subaccount shall be
continuously appropriated to the department for the support of the
particular park district or unit of the state park system generating
the revenue.
(B) Thirty percent shall be deposited into the State Parks and
Recreation Fund established pursuant to Section 5010.
(2) (A) Beginning January 15, 2014, and annually thereafter, a
park superintendent or park manager receiving funds pursuant to
subparagraph (A) of paragraph (1) shall provide to the director a
report on the expenditure of those funds.
(B) Beginning February 15, 2014, and annually thereafter, the
director shall, pursuant to Section 9795 of the Government Code,
submit to the Legislature, a report on the expenditures of revenues
specified in subparagraph (A) of paragraph (1) by the park districts
and units of the state park system.
SEC. 4. Section 5080.47 is added to the
Public Resources Code , to read:
5080.47. The department shall provide technical assistance to a
nonprofit organization that is developing or has in effect an
operating agreement to manage a unit of the state park system to
establish or join an insurance risk pool for the operation of the
unit of the state park system.
SECTION 1. Section 5080.46 is added to the
Public Resources Code, to read:
5080.46. (a) The department shall develop and implement a pilot
program intended to increase existing revenues, and develop new
sources of income at individual units of the state park system. The
pilot program is intended to accomplish the following:
(1) Develop ways to allow the department to keep a defined amount
of the revenues generated by a particular unit of the state park
system, regardless of whether the unit is operated by the department,
or pursuant to an agreement with a nonprofit organization, or other
entity, for use solely for the operation of that unit of the park
system for the purpose of using the moneys to develop ways to
increase revenues at that unit of the state park system.
(2) Implement a plan to generate new sources of revenue at
individual units of the state park system intended to ensure there
are sufficient revenues for the continued operation of that unit of
the state park system.
(b) No later than December 31, 2015, the department shall report
to the Legislature on the effectiveness of the pilot program
developed and implemented pursuant to this section in increasing
existing revenues and generating new sources of revenues at
individual units of the state park system.
(c) This section shall remain in effect until January 1, 2016, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2016, deletes or extends that date.
SEC. 2. Section 6216.8 is added to the Public
Resources Code, to read:
6216.8. (a) The commission shall, no later than April 30, 2013,
develop and implement a plan to collect delinquent rents and
renegotiate expired and undervalued leases for state land and
properties under the commission's control. The sum of one million
dollars ($1,000,000) shall be made available to the commission, upon
appropriation by the Legislature, as a loan from the General Fund to
carry out the purposes of this section, including the hiring of
staff.
(b) All revenues received by the commission from the collection of
delinquent rents and the renegotiation of expired and undervalued
leases for state lands and property shall be deposited into the
Delinquent Rent Collection Program Account in the General Fund, which
is hereby created. Moneys in the fund may be expended, upon
appropriation by the Legislature, in accordance with the following
schedule:
(1) The sum of one million dollars ($1,000,000) shall be
allocated, before any other items in this schedule, to repay the loan
for the startup cost of the program, as prescribed in subdivision
(a).
(2) (A) The sum of one million dollars ($1,000,000) shall be
allocated to the Department of Parks and Recreation to study ways to
increase park revenues to prevent state park closures and ensure the
preservation of existing parks. The study shall evaluate and consider
all of the following:
(i) The feasibility of lowering the cost of annual park passes
that can be used in specific regions of the state, along with the
study of regional passes that are part of cooperative ventures with
county parks departments.
(ii) The feasibility of issuing park passes that provide extra
value such as coupons for recreational goods and services.
(iii) The creation of voluntary tax check off options to be used
to purchase state park passes.
(iv) The implementation of a plan to initiate concessionaire
contracts that will increase state revenues.
(v) The cost-effectiveness of entering into agreements with park
and nonprofit organizations for the operation of concessions at state
parks.
(B) If there are insufficient funds collected pursuant to
subdivision (a) to complete all the elements of the study required
pursuant to this paragraph, the funds collected shall be used to
maintain and keep parks open in the regions of the state that are
most affected by state park closures.
(3) The sum of one million five hundred thousand dollars
($1,500,000) and any moneys remaining from the allocation prescribed
in paragraph (2) shall be allocated to the Department of Parks and
Recreation to implement new state park revenue generating programs.
If insufficient funds are collected pursuant to subdivision (a) for
the purposes of this paragraph, the amount of funds collected shall
be used to keep state historical parks open.
(c) Subdivision (a) does not apply to delinquent rents collected
on leases for school land or property.