Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2150

Introduced by Assembly Member Rendon

February 20, 2014

An act to amend Sections 541.5 and 5010.7 of, to add Section 535.4 to, and to add Chapter 14 (commencing with Section 5880) to Division 5 of, the Public Resources Code, relating to the Department of Parks and Recreation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2150, as amended, Rendon. Department of Parks and Recreation.

(1) Existing law places responsibility of the state park system, which includes all parks, public camp grounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, with the Department of Parks and Recreation. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. Existing law authorizes the department to expend all moneys of the department for the care, protection, supervision, extension, and improvement or development of the property under its jurisdiction. Existing law requires the State Park and Recreation Commission to evaluate and assess the department’s deferred obligations, as specified.

This bill would require the department to identify and develop a priority list of deferred state park maintenance projects, as specified. The bill would require the department to apply specified factors when prioritizing and identifying projects for the deferred maintenance list including, among others, projects that are necessary to prevent a state park from closing and projects that will increase park access to underserved communities.

This bill would also require, by July 1, 2015, begin delete that the end delete begin insert and subject to the availability of resources, the department to implement internal organizational changes to prioritize efforts to expand access to parks in urban and other underserved areas, including, but not limited to, reorganizing existing offices within the department to create a end insert Division of Community Initiatives and Park begin delete Access be created within the department for the purpose of, end delete begin insert Access. The bill would require that the purpose and objectives of the division include, end insert among other things, developing and promoting programs that address the park and recreational needs of underserved youth and young adults.

(2) Existing law prohibits the department from closing or proposing to close a state park in the 2012-13 or 2013-14 fiscal year. Existing law provides that this prohibition does not limit or affect the department’s authority to enter into an operating agreement during those fiscal years, as specified.

This bill would extend this prohibition against closing or proposing to close a state park to the 2014-15 fiscal year and would similarly not limit or affect the department’s authority to enter into an operating agreement during that fiscal year, as specified.

(3) Existing law requires the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law requires the incremental revenue generated by the revenue generation program to be deposited into the State Parks and Recreation Fund and transferred to the State Parks Revenue Incentive Subaccount, as provided, once revenue targets have been met and the excess revenue is identified. Existing law further requires the department to allocate the revenue as specified, and requires the department to use 50% of the excess revenue deposited into the State Parks Revenue Incentive Subaccount for specific purposes, including the funding of capital costs of construction and installation of new revenue and fee collection equipment and technologies.

This bill would require the department, in expending these funds, to give first priority to the implementation of an integrated statewide enterprise system to modernize the department’s fee collection, reservations, sales, and data collection systems, as specified.

(4) Existing law establishes the California State Park Enterprise Fund, and provides that the revenues in the fund shall be available to the department upon appropriation by the Legislature, for specified purposes. Existing law makes these funds available for encumbrance and expenditure until June 30, 2014, and for liquidation until June 30, 2016.

This bill would extend the authorization for encumbrance and expenditure of these funds until June 30, 2015, and for liquidation until June 30, 2017, thereby making an appropriation.

(5) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 535.4 is added to the Public Resources
Code, to read:

535.4.  

(a) The department shall identify and develop a priority
list of deferred state park maintenance projects. The list shall only
include projects for which the initial design, scoping, and planning
necessary to develop verifiable project cost estimates have been
completed.

(b) In addition to the requirements described in subdivision (a),
the department shall apply the following factors when prioritizing
and identifying projects for inclusion on the deferred maintenance
priority list:

(1) Projects that are necessary to prevent a state park from
closing.

(2) Projects that are necessary to avoid violations of state law
and potential assessment of regulatory fines against the department,
including, but not limited to, projects to address water quality and
waste discharge requirements.

(3) Projects that are necessary to address imminent public safety
hazards.

(4) Projects that are necessary to maintain revenue or have the
potential to increase revenue generation in state parks.

(5) Projects that will increase park access to underserved
communities.

(6) Projects that are necessary to protect significant natural or
cultural resources.

(7) Projects that are necessary to maintain visitation
opportunities at state parks.

SEC. 2.  

Section 541.5 of the Public Resources Code is amended
to read:

541.5.  

(a) The department shall not close, or propose to close,
a state park in the 2012-13, 2013-14, or 2014-15 fiscal year. The
commission and the department shall recommend all necessary
steps to establish a sustainable funding strategy for the department
to the Legislature on or before January 1, 2015.

(b) There is hereby appropriated twenty million five hundred
thousand dollars ($20,500,000) to the department from the State
Parks and Recreation Fund, which shall be available for
encumbrance for the 2012-13 and 2013-14 fiscal years, to be
expended as follows:

(1) Ten million dollars ($10,000,000) shall be available to
provide for matching funds pursuant to subdivision (c).

(2) Ten million dollars ($10,000,000) shall be available for the
department to direct funds to parks that remain at risk of closure
or that will keep parks open during the 2012-13 and 2013-14 fiscal
years. Priority may be given to parks subject to a donor or operating
agreement or other contractual arrangement with the department.

(3) Up to five hundred thousand dollars ($500,000) shall be
available for the department to pay for ongoing audits and
investigations as directed by the Joint Legislative Audit Committee,
the office of the Attorney General, the Department of Finance, or
other state agency.

(c) The department shall match on a dollar-for-dollar basis all
financial contributions contributed by a donor pursuant to an
agreement for the 2012-13 fiscal year for which the department
received funds as of July 31, 2013, and for agreements entered
into in the 2013-14 fiscal year. These matching funds shall be
used exclusively in the park unit subject to those agreements.

(d) The department shall notify the Joint Legislative Budget
Committee in writing not less than 30 days prior to the expenditure
of funds under this section of the funding that shall be expended,
the manner of the expenditure, and the recipient of the expenditure.

(e) The prohibition on the closure or proposed closure of a state
park in the 2012-13, 2013-14, or 2014-15 fiscal year, pursuant
to subdivision (a), does not limit or affect the department’s
authority to enter into an operating agreement, pursuant to Section
5080.42, during any of those fiscal years, for purposes of the
operation of the entirety of a state park during the fiscal year.

SEC. 3.  

Section 5010.7 of the Public Resources Code is
amended to read:

5010.7.  

(a) The department shall develop a revenue generation
program as an essential component of a long-term sustainable park
funding strategy. On or before October 1, 2012, the department
shall assign a two-year revenue generation target to each district
under the control of the department. The revenue target may be
amended annually for subsequent years, beginning in the 2015-16
fiscal year. The department shall develop guidelines for districts
to report the use of funds generated by the revenue generation
program, and shall post information and copies of the reports on
its Internet Web site.

(b) The California State Park Enterprise Fund is hereby created
in the State Treasury as a working capital fund, and the revenue
shall be available to the department upon appropriation by the
Legislature, for begin delete the expenditures end delete begin insert expenditure end insert for the purposes
specified in this section and shall be available for encumbrance
and expenditure until June 30, 2015, and for liquidation until June
30, 2017.

(c) The incremental revenue generated by the revenue generation
program developed pursuant to subdivision (a) shall be deposited
into the State Parks and Recreation Fund. Revenue identified as
being in excess of the revenue targets shall be transferred to the
State Parks Revenue Incentive Subaccount, established pursuant
to Section 5010.6, on or before June 1, annually.

(d) Moneys appropriated to the department pursuant to
subdivision (b) and Section 5010.6 shall be expended as follows:

(1) (A) The department shall allocate 50 percent of the total
amount of revenues deposited into the State Parks Revenue
Incentive Subaccount pursuant to subdivision (c), generated by a
park district to that district if the amount of revenues generated
exceeds the targeted revenue amount prescribed in the revenue
generation program. The revenues to be allocated to a park district
that fails to achieve the revenue target shall remain in the fund.

(B) With the approval of the director, each district shall use the
funds it receives from the department from the revenue generation
program to improve the parks in that district through revenue
generation programs and projects and other activities that will
assist in the district’s revenue generation activities, and the
programs, projects, and other activities shall be consistent with
the mission and purpose of each unit and with the plan developed
for the unit pursuant to subdivision (a) of Section 5002.2.

(C) The department shall report to the Legislature, commencing
on July 1, 2014, and annually on or before each July 1 thereafter,
on the revenue distributed to each district pursuant to this section.

(2) The department shall use 50 percent of the funds deposited
into the State Parks Revenue Incentive Subaccount pursuant to
subdivision (c) for the following purposes:

(A) (i) To fund the capital costs of construction and installation
of new revenue and fee collection equipment and technologies and
other physical upgrades to existing state park system lands and
facilities.

(ii) In expending funds pursuant to this begin delete paragraph, end delete
begin insert subparagraph, end insert the department shall give first priority to the
implementation of an integrated statewide enterprise system to
modernize the department’s fee collection, reservations, sales, and
data collection systems. The system shall include, but is not
necessarily limited to, an integrated communications network that
provides real time access to transactions data and connectivity
between park districts and department headquarters, including
point-of-sale automated fee collection equipment in state park
units.

(B) For costs of restoration, rehabilitation, and improvement of
the state park system and its natural, historical, and visitor-serving
resources that enhance visitation and are designed to create
opportunities to increase revenues.

(C) For costs to the department to implement the action plan
required to be developed by the department pursuant to Section
5019.92.

(D) To establish a revolving loan program pursuant to
subdivision (e).

(e) (1) The department shall establish a revolving loan program
and prepare guidelines establishing a process for those districts
that receive moneys under paragraph (1) of subdivision (d) to apply
for funds that exceed the amount of funds provided to the districts
pursuant to paragraph (1) of subdivision (d). It is the intent of the
Legislature that the revolving loan program fund only those
projects that will contribute to the success of the department’s
revenue generation program and the continual growth of the fund
over time. Districts may apply for funds for capital projects,
personnel, and operations that are consistent with this subdivision,
including the costs of preparing an application. The department
shall provide an annual accounting to the Department of Finance
and the relevant legislative committees of the use of those funds
in accordance with the purposes outlined in Proposition 40 (the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Bond Act of 2002 (Chapter 1.696 (commencing
with Section 5096.600) of Division 5)) and Proposition 84 (the
Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 (Division 43
(commencing with Section 75001))), voter-approved bond acts.

(2) The guidelines prepared pursuant to paragraph (1) shall
require that applications for funding include all of the following:

(A) A clear description of the proposed use of funds, including
maps and other drawings, as applicable.

(B) A market analysis demonstrating demand for the project or
service.

(C) The projected lifespan of the project, which must be at least
20 years for a proposed capital project.

(D) A projection of revenues, including the specific assumptions
for annual income, fees, occupancy rates, pricing, and other
relevant criteria upon which the projection is based.

(E) A projection of costs, including, but not limited to, design,
planning, construction, operation, staff, maintenance, marketing,
and information technology.

(F) The timeframe for implementation, including all necessary
reviews and permitting.

(G) The projected net return on investment of the life of the
project.

(H) Provisions providing for mandatory reporting on the project
by districts to the department.

(f) The department shall rank all of the proposals and award
loans for projects or other activities to districts based on the
following criteria, as well as other considerations that the
department considers relevant:

(1) Return on investment.

(2) Length of time for implementation.

(3) Length of time for the project debt to be retired.

(4) Percentage of total project costs paid by the district or by a
source of matching funds.

(5) Annual operating costs.

(6) Capacity of project to improve services or park experiences,
or both, for park visitors.

(g) The funds generated by the revenue generation program
shall not be used by the department to expand the park system,
unless there is significant revenue generation potential from the
expansion.

(h) Notwithstanding Section 5009, moneys received by the
department from private contributions and other public funding
sources may also be deposited into the California State Park
Enterprise Fund for use for the purposes of subdivision (c) and
subdivision (d).

(i) The department shall provide all relevant information on its
Internet Web site concerning how the working capital funds are
spent, including the guidelines and the department’s ranking criteria
for each funded loan agreement.

(j) A project agreement shall be negotiated between the
department and a park unit and the total amount of requested
project costs shall be allocated to the district as soon as is feasible
when the agreement is finalized.

(k) The department may recoup its costs for implementing and
administering the working capital from the fund.

SEC. 4.  

Chapter 14 (commencing with Section 5880) is added
to Division 5 of the Public Resources Code, to read:

 

Chapter  14. Division of Community Initiatives and Park
Access

 

5880.  

On or before July 1, 2015, begin delete there shall be created end delete begin insert and
subject to availability of resources, the department shall implement
internal organizational changes to prioritize efforts to expand
access to parks in urban and other underserved areas. The
organizational changes shall include, but are not necessarily
limited to, reorganizing existing offices end insert within the begin delete department the end delete
begin insert department, such as the Office of Grants and Local Services and
the Office of Community Involvement, to create a new end insert Division of
Community Initiatives and Park Access. The purpose and
objectives of the division shall include, but begin insert are end insert not begin delete be end delete begin insert necessarily end insert
limited to, all of the following:

(a) Promoting and enhancing access to, and relevancy of, state
parks for urban and underserved communities.

(b) Working in partnership begin insert and in coordination end insert with other
governmental agencies, nonprofit organizations, schools, and
community groups, through education, outreach, and technical
assistance, to increase the capacity of local communities to meet
the recreational and open space needs of their residents.

(c) Developing and promoting programs that address the park
and recreational needs of underserved youth and young adults, and
programs that connect begin insert youth and end insert young adults with nature and the
outdoors.

begin insert

(d) Implementing recruitment policies designed to diversify the
department’s workforce.

end insert begin insert

(e) Identifying other barriers to park access and developing
strategies and recommendations to remove those barriers.

end insert

SEC. 5.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to address urgent needs within the state park system for
maintenance of facilities necessary to protect public health and
safety, to enable the state as soon as possible to generate the
revenues necessary to keep state parks open to the public, and to
preserve the vital role of state parks in ensuring healthy
communities, it is necessary that this bill take effect immediately.