Bill Text: CA AB2150 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Parks and Recreation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-26 - Vetoed by Governor. [AB2150 Detail]

Download: California-2013-AB2150-Introduced.html

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BILL NUMBER: AB 2150	INTRODUCED
	BILL TEXT


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 introduced, 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, that the Division
of Community Initiatives and Park Access be created within the
department for the purpose of, 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 or 2013-14  
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  to close, or propose to close,
  on the closure or proposed closure of  a state
park in the  2012-13 or 2013-14   2012-13,
2013-14, or 2014-   15  fiscal year, pursuant to
 paragraph   subdivision  (a), does not
limit or affect the department's authority to enter into an operating
agreement, pursuant to Section 5080.42, during  the 2012-13
or 2013-14   any of those  fiscal  year,
  years,  for purposes of the operation of the
entirety of a state park during the  2012-13 or 2013-14
 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 the expenditures for the purposes specified in this section and
shall be available for encumbrance and expenditure until June 30,
 2014,   2015,  and for liquidation until
June 30,  2016   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 paragraph, 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  of the Public Resources Code  .
   (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  such an
  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, there shall be created within
the department the Division of Community Initiatives and Park Access.
The purpose and objectives of the division shall include, but not be
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 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 young adults with nature and the outdoors.
  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.