Amended in Senate August 19, 2014

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, begin delete to add and repeal Section 5010.3 of, end delete 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 campgrounds, 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 begin insert would state 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 certain technologies, where feasible, for the purchase of park passes and the payment of day use fees or other park fees. The bill end insert 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 begin delete December 31, 2015, end delete begin insert June 30, 2017, end insert 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.

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(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.

end delete begin delete

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.

end delete begin delete

(3)

end delete

begin insert (2) end insert  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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert 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 end insert begin insert or
credit card transactions. end insert

begin insert

(b)  It is the intent of the Legislature that the Department of
Parks and Recreation, as a means of increasing convenience to
the public and overall park visitation, expedite the use of such
technologies, where feasible, for the purchase of park passes and
the payment of day use fees or other park fees.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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. end delete
begin insert SEC. 3. end insert   

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 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 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 begin delete the end delete begin insert those end insert fiscal
begin delete year. end delete begin insert years. end insert

begin delete

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.

end delete

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 begin delete December 31, 2015, end delete begin insert June 30, 2017, end insert 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)  begin delete Development of up to three end delete begin insert Identification of one or more end insert
pilot projects in underserved regions to test and evaluate best
management practices and strategies to enhance park access and begin delete new models of park planning, design, development, outreach, and
operation to ensure state, regional, and local parks are designed
and managed end delete to meet the begin insert park end insert needs of begin insert underserved end insert 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 begin delete to ensure facilities, amenities, design, and
programming align with local needs and include sustainable
operating plans. end delete begin insert and an assessment of park assets and park needs
of residents living in the designated underserved region of each
pilot project. end insert

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

begin delete

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

end delete begin delete

(d) Drawing upon best management practices from park and
recreation professional literature and related fields,

end delete

begin insert (c) end insert begin insert   end insert begin insert Identification of end insert strategies for developing and implementing
partnerships, projects, programs, and other initiatives begin delete that will do end delete
begin insert to facilitate end insert all of the following:

(1)  begin delete Increase end delete begin insert Increased end insert visitation to state parks, particularly
visitation by those in underserved communities in park poor areas.

(2)  begin delete Improve end delete begin insert Improved end insert transportation options to existing state
parks.

(3)  begin delete Provide opportunities end delete begin insert Opportunities end insert for active recreation,
multigenerational gatherings, and other culturally relevant
amenities.

begin delete

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

end delete begin delete

(f) Development

end delete

begin insert (d) end insert begin insert   end insert begin insert Identification end insert of partnerships, programs, and other initiatives
begin delete in state parks, regional park systems, and local park systems that end delete
begin insert to end insert address the park and recreational needs of underserved youth
and young adults, and begin delete programs that end delete begin insert to end insert 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.

begin delete

(g)

end delete

begin insert (e) end insert  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 begin insert , and other
nongovernmental funds that may be made available for these
purposes, end insert may be used for purposes of implementing this chapter.