Amended in Assembly August 4, 2014

Amended in Assembly June 24, 2014

Amended in Assembly August 6, 2013

Amended in Senate May 6, 2013

Amended in Senate April 11, 2013

Amended in Senate April 2, 2013

Senate Bill No. 633

Introduced by Senator Pavley

February 22, 2013

An act begin insert to amend Section 5080.16 of, end insert to add Sections 530.5, 547, begin delete 5080.27, and 5080.43 end delete begin insert 5010.8, and 5019.93 end insert to, and to add and repeal Sections 5003.9 and 5080.22 of, the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL’S DIGEST

SB 633, as amended, Pavley. State parks.

(1) Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the department to enter into concession contracts for the construction, maintenance, and convenience of the general public in the use and enjoyment of units of the state park system. begin insert Existing law authorizes the department, whenever significant savings can be achieved by the department, to enter into a contract with specified entities regarding the collection of revenues for, and the operation of a reservation system for, the state park system. end insert Under its existing authority, the department has created regional park passes and other passes that serve the needs of visitors interested in parks with a shared theme or within a region.

This bill would require the Department of Parks and Recreation, on or before July 1, 2015, to prepare a report to the Legislature that fully addresses the department’s energy costs, projects that could reduce those costs, and potential energy-related infrastructure projects, as specified. The bill would require the department, until January 1, 2018, and from available appropriated funds, to establish a pilot program for mobile food and beverage begin delete concessions end delete begin insert services end insert in multiple units and in multiple locations, if feasible, and to assess and report on the suitability, increase in visitation, and visitor satisfaction regarding the program. The bill would also begin delete require the department, on or before July 1, 2015, to establish guidelines for the sale of specified park passes to cooperating vendors for resale to the public. end delete begin insert expressly authorize the department to engage in activities to increase the opportunities to sell park passes through vendors and would require the department, on or before July 1, 2016, to report to the Legislature on those activities. end insert The bill would require the department, on or before December 31, 2015 and from available appropriated funds, to establish a minimum of 2 additional regional passes available to park visitors for purchase.

(2) Existing law establishes the State Park and Recreation Commission and vests the commission with specified authorities regarding the operation and development of the state park system. Existing law requires the begin delete Department of Motor Vehicle, in consultation with the Department of Parks and Recreation, to design and make available for issuance a special state parks environmental design license plate upon the payment of an additional fee. Existing law requires those additional fees, upon the appropriation of the Legislature, be used for the exclusive trust purposes of preservation and restoration of California state parks. end delete begin insert Franchise Tax Board to revise the individual taxpayer return form to allow an individual to designate a contribution in excess of tax liability be made to the State Parks Protection Fund to be used for, among other purposes, the protection and preservation of state parks. end insert

This bill would require the commission’s costs be reflected separately and displayed in the annual budget proposed by the Governor. The bill would require the commission to hold one or more public hearings to further begin delete a end delete begin insert the end insert public process that may be initiated by the Department of Parks and Recreation to select one or more annual projects to receive funding from begin delete those additional fees. end delete begin insert taxpayer contributions. The bill would require the commission and the department to create one or more “projects of the year” to be funded by those contributions and to post information about the public selection process and the chosen projects on its Internet Web site. end insert

begin insert

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

end insert begin insert

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.

end insert

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.  

begin insert (a) end insert begin insert   end insert The Legislature finds and declares all of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  Recent legislation establishing a moratorium on closure of
state parks, a matching funds program to help keep state parks
open, increased outreach to the public through the use of creative
partnerships and other innovative tools, and other provisions have
helped stabilize the Department of Parks and Recreation and
broaden its financial base.

begin delete

(b)

end delete

begin insert (2) end insert  Ongoing efforts by the Parks Forward Commission, the State
Parks and Recreation Commission, and the Department of Parks
and Recreation to develop a more secure financial base for the
department through the increased use of pilot projects, the sale of
specialized or regional passes, and other internal reforms are
providing early signs of success that should be strengthened.

begin delete

(c)

end delete

begin insert (3) end insert  The directives in Sections begin delete 5080.22, 5080.27, and 5080.43 end delete
begin insert 5010.8, 5019.93, and 5080.22 end insert of the Public Resources Code added
by this act are based on existing authority of the Department of
Parks and Recreation.

begin insert

(b) It is the intent of the Legislature that, in implementing
Section 5080.22 of the Public Resources Code, the Department of
Parks and Recreation not compete with existing concession
contracts that provide comparable food and beverage services to
the public.

end insert

SEC. 2.  

Section 530.5 is added to the Public Resources Code,
to read:

530.5.  

(a) The Legislature finds and declares that the
commission’s costs should be reflected separately in the annual
budget so that there is transparency as to those costs and the
capability to determine if the commission is adequately funded.

(b) The commission’s costs shall be reflected separately in a
format approved by the Department of Finance and shall be
displayed in the annual budget proposed by the Governor.

SEC. 3.  

Section 547 is added to the Public Resources Code,
to read:

547.  

(a) It is the intent of the Legislature that the commission
and the Department of Parks and Recreation cooperate to increase
public support of, and involvement with, the department and to
generate greater tax-deductible contributions to the department
through Section begin delete 5155 of the Vehicle end delete begin insert 18900.1 of the Revenue and
Taxation end insert Code by soliciting public input into how these
contributions are proposed to be spent. The commission and
department begin delete should end delete begin insert shall end insert create one or more “projects of the year”
to be funded by the public’s tax-deductible begin delete contributions based on
a end delete begin insert contributions. end insert

begin insert (b) end insert begin insert   end insert begin insert Projects shall be selected through a end insert process in which the
public helps decide which project or projects receive funding.
begin insert Projects may include, but are not limited to, the repair,
preservation, restoration, or rehabilitation of natural or cultural
resources. Projects may also include programs that facilitate
increased park visitation by underserved communities. end insert

begin delete

(b)

end delete

begin insert (c) end insert  The commission shall hold one or more public hearings to
further begin delete a end delete begin insert the end insert public process that may be initiated by the Department
of Parks and Recreation to select one or more annual projects to
receive revenue from the tax-deductible contributions from the
public generated pursuant to Section begin delete 5161 of the Vehicle end delete begin insert 18900.1
of the Revenue and Taxation end insert Code.

begin insert

(d) The department shall post information about the public
selection process and the chosen projects on its Internet Web site.

end insert

SEC. 4.  

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

5003.9.  

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

(b) (1) On or before July 1, 2015, the department shall prepare
a report to the Legislature that fully addresses the matter described
in subdivision (a).

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

(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2020.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 5010.8 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 5010.8. end insert   

(a) It is the intent of the Legislature to increase the
department’s opportunities to sell park passes through vendors
pursuant to contracts entered into pursuant to Section 5010.1,
whether for the entire system of state parks, day-use passes, or
identified subsets of parks for which the department has approved
regional or shared-theme park passes.

(b) The department may engage in activities to increase the
opportunities to sell park passes through vendors pursuant to
contracts entered into pursuant to Section 5010.1.

(c) (1) On or before July 1, 2016, the department shall report
to the Legislature, pursuant to Section 9795 of the Government
Code, on its activities to increase opportunities to sell park passes
through vendors, including, but not limited to, documenting its
efforts to inform potential vendors of this effort and the fiscal
benefits to the department that were generated by these activities.

(2) Pursuant to Section 10231.5 of the Government Code, this
subdivision shall become inoperative on July 1, 2020.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 5019.93 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 5019.93. end insert   

(a) (1) The Legislature finds and declares that
regional passes in the Big Sur-Monterey Bay region, the Lake
Tahoe region, the northern coastal beaches, or other appropriate
regions may be determined by the department to be suitable for
the establishment of additional regional approaches for annual
passes.

(2) It is the intent of the Legislature that the department should
create regional park passes and other passes to serve the need of
visitors interested in state parks with a shared theme or within a
region and to simplify and facilitate fee collection from frequent
visitors to individual parks. The creation of the Surf Explorer
Vehicle Day Use annual pass, the Historian Passport Day Use
Admissions annual pass, and the California Park Experience
Vehicle Day Use annual pass may serve as useful models for future
passes for the regions described in paragraph (1).

(b) On or before December 31, 2015, the department shall, from
available appropriated funds, establish a minimum of two
additional regional park passes as described in subdivision (a)
that are available to park visitors for purchase through the
department’s Internet Web site, park offices, or other designated
vendors.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 5080.16 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

5080.16.  

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

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

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

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

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

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

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

begin insert

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

end insert

begin delete SEC. 5. end delete
begin insert SEC. 8. end insert   

Section 5080.22 is added to the Public Resources Code,
to read:

5080.22.  

(a) The department shall, until January 1, 2018, and
from available appropriated funds, establish a pilot program for
mobile food and beverage begin delete concessions end delete begin insert services end insert in multiple units
and in multiple locations, if feasible, and to assess suitability,
increase in visitation, and visitor satisfaction. The program is not
subject to Section begin delete 5002.2. end delete begin insert 5002.2 or any other provision of this
chapter. end insert

begin delete

(b) The pilot program may include concession agreements for
two years or less as authorized by Section 5080.06 and may provide
existing concessionaires a right of first refusal for those mobile
food and beverage concessions.

end delete begin delete

(c)

end delete

begin insert (b) end insert  On or before January 1, 2018, the department shall submit
to the Legislature, pursuant to Section 9795 of the Government
Code, a report on the results of the pilot program, including
information regarding improvements or other changes in revenue
generated by the department and participating units, sales volume,
visitation statistics, and any available information regarding visitor
satisfaction.

begin delete

(d)

end delete

begin insert (c) end insert  This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete

SEC. 6.  

Section 5080.27 is added to the Public Resources Code,
to read:

5080.27.  

(a) (1) It is the intent of the Legislature to expand
the department’s capability to sell park passes through cooperating
vendors, whether for the entire system of state parks, day use
passes, or identified subsets of parks for which the department has
approved regional or shared-theme park passes.

(2) It is further the intent of the Legislature that a model for this
expansion can be found in subdivision (b) of Section 5091.20 that
applies to Sno-park permits, which are sold on a consignment basis
to vendors who do not have any financial risk associated with
providing this service to the department and who are authorized
to deduct a stipulated commission for each permit sold before
remitting the proceeds of the sold permits to the department.

(b) On or before July 1, 2015, the department shall establish
guidelines for the sale of state park passes identified in subdivision
(a) to cooperating vendors for resale to the public.

SEC. 7.  

Section 5080.43 is added to the Public Resources Code,
to read:

5080.43.  

(a) (1) The Legislature finds and declares that
regional passes in the Big Sur-Monterey Bay region, the Lake
Tahoe region, the northern coastal beaches, or other appropriate
regions may be determined by the department to be suitable for
the establishment of additional regional approaches for annual
passes.

(2) It is the intent of the Legislature that the department should
continue to create regional park passes and other passes that
couldserve the need of visitors interested in state parks with a
shared theme or within a region so that visitors could recreate in
multiple parks for only one fee. The creation of the Surf Explorer
Vehicle Day Use annual pass, the Historian Passport Day Use
Admissions annual pass, and the California Park Experience
Vehicle Day Use annual pass may serve as useful models for future
passes for the regions described in paragraph (1).

(b) On or before December 31, 2015, the department shall, from
available appropriated funds, establish a minimum of two
additional regional park passes as described in subdivision (a) that
are available to park visitors for purchase through the department’s
Internet Web site or other designated vendors.

end delete