Amended in Senate August 4, 2014

Amended in Senate June 18, 2014

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 Section 541.5 of, to add Section 535.4 to, to add and repeal Section 5010.3 of, 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.

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, to the extent feasible and practicable, projects that will increase park access to underserved communities.

This bill would rename the department’s Division of External Affairs as the Division of Community Initiatives and Park Access, and would specify that the purposes and objectives of the division include convening and developing strategic partnerships and coalitions to facilitate, promote, and enhance access to, and relevancy of, state parks for underserved communities. The bill would require, on or before December 31, 2015, the division, in consultation with certain agencies and organizations, to develop a strategic action plan, as specified, for improving park access and relevancy for urban and traditionally underserved populations.

(2) Existing law authorizes the department to collect fees, rents, and other returns for the use of any state park system area in amounts determined by the department. Existing law authorizes the department to accept a credit card as a method of payment for fees collected through the department’s reservation system.

This bill would require the department to establish a 3-year pilot program that expedites the use of certain technologies, especially at more remote parks, parks without staffed entrance locations, or park units where there are many points of entry. The bill would require the department, on or before December 31, 2016, to make available, as appropriate, one or more technologies that enable visitors to purchase and print park passes. The bill would require the department to maintain data on visitorship, park revenue, and the use of passes purchased through the use of those technologies. The bill would authorize the department to pay for the cost of the pilot program with available funds in a specified subaccount and fund.

(3) 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.

Vote: majority. Appropriation: no. 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) To the extent feasible and practicable, projects that will
increase park access to underserved communities.

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

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

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

541.5.  

(a) The department shall not close, or propose to close,
a state park in the begin delete 2012-13 or 2013-14 end delete begin insert 2012-13, 2013-14, or
2014-15 end insert 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 until June 30, 2016, and for liquidation until June
30, 2018, 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 to 2015-16 fiscal
years, inclusive. 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 before 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 begin delete 2012-13 or 2013-14 end delete begin insert 2012-13, 2013-14, or 2014-15 end insert
fiscal year, pursuant to begin delete paragraph end delete begin insert subdivision end insert (a), does not limit
or affect the department’s authority to enter into an operating
agreement, pursuant to Section 5080.42, during begin delete the 2012-13 or
2013-14 fiscal year, end delete begin insert any of those fiscal years, end insert for purposes of the
operation of the entirety of a state park during the begin delete 2012-13 or
2013-14 end delete fiscal year.

SEC. 3.  

Section 5010.3 is added to the Public Resources Code,
to read:

5010.3.  

(a) (1) The Legislature finds and declares that various
agencies charged with public lands recreation and management
have developed systems that enable visitors to purchase and print
appropriate passes, either in advance through the use of
Internet-based secured transactions or onsite through the use of
smartphones or other mobile telephone technologies.

(2) It is the intent of the Legislature that the department, as a
means of increasing convenience to the public and overall park
visitation, expedite the use of the technologies described in
paragraph (1), especially at more remote parks, parks without
staffed entrance locations, or park units where there are many
points of entry.

(b) (1) The department shall establish a three-year pilot program
that expedites the use of the technologies described in paragraph
(1) of subdivision (a), especially at more remote parks, parks
without staffed entrance locations, or park units where there are
many points of entry.

(2) Notwithstanding Section 5091.20, on or before December
31, 2016, the department shall make available, as appropriate, one
or more technologies that enable visitors to purchase and print
park passes, including single day use passes and annual passes that
enable visits to one or more state parks.

(3) The department shall maintain data that includes, but is not
limited to, data on visitorship, park revenue, and the use of passes
purchased pursuant to this subdivision.

(c) Notwithstanding any other law, the department may pay for
the cost of the pilot program with available funds in the State Parks
Revenue Incentive Subaccount established by Section 5010.6, or
the California State Park Enterprise Fund, established by Section
5010.7.

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

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.  

(a) It is the intent of the Legislature that the department
prioritize efforts to expand access to parks in underserved areas
by, among other things, convening and developing strategic
partnerships and coalitions to facilitate, promote, and enhance
access to, and relevancy of, state parks for underserved
communities.

(b) The department’s Division of External Affairs is hereby
renamed the Division of Community Initiatives and Park Access.
The purposes and objectives of the division shall include, but are
not limited to, convening and developing strategic partnerships
and coalitions to facilitate, promote, and enhance access to, and
relevancy of, state parks for underserved communities.

5881.  

On or before December 31, 2015, the Division of
Community Initiatives and Park Access, in consultation with other
relevant state and local agencies, nonprofit organizations, schools,
public health entities, and community-based organizations, shall
develop a strategic action plan for improving park access and
relevancy for urban and traditionally underserved populations. The
strategic action plan shall include, but need not be limited to, all
of the following:

(a) Development of up to three pilot projects in underserved
regions to test and evaluate best management practices and
strategies to enhance park access and new models of park planning,
design, development, outreach, and operation to ensure state,
regional, and local parks are designed and managed to meet the
needs of communities. It is the intent of the Legislature that the
pilot projects include engagement of local communities and local
park agencies in the planning process to ensure facilities, amenities,
design, and programming align with local needs and include
sustainable operating plans.

(b) Identification of strategic partners, including, but not limited
to, local and regional park providers, local governments and special
districts, other state agencies that serve disadvantaged communities,
local educational agencies, public health entities, and other
community-based groups, to form an integrated network of
organizations working collaboratively to address the park and
open-space needs of residents living in the designated underserved
region of each pilot project.

(c) An assessment of park assets and park needs of residents
living in the designated underserved region of each pilot project.

(d) Drawing upon best management practices from park and
recreation professional literature and related fields, strategies for
developing and implementing partnerships, projects, programs,
and other initiatives that will do all of the following:

(1) Increase visitation to state parks, particularly visitation by
those in underserved communities in park poor areas.

(2) Improve transportation options to existing state parks.

(3) Provide opportunities for active recreation, multigenerational
gatherings, and other culturally relevant amenities.

(e) Development of regional collaboratives led by the department
to begin implementation of recommendations included in the
strategic action plan.

(f) Development of partnerships, programs, and other initiatives
in state parks, regional park systems, and local park systems that
address the park and recreational needs of underserved youth and
young adults, and programs that connect youth and young adults
with nature and the outdoors, including, but not necessarily limited
to, programs such as youth internships that focus on development
of leadership skills and provide a pathway for young adults to
pursue park-related careers.

(g) Identification of other barriers to state park access and
development of strategies and recommendations to remove those
barriers.

5882.  

Notwithstanding any other law, moneys allocated to the
department from the State Parks Protection Fund pursuant to
Section 18900.3 of the Revenue and Taxation Code may be used
for purposes of implementing this chapter.