Bill Text: CA AB2549 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Public resources.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2016-08-26 - Chaptered by Secretary of State - Chapter 201, Statutes of 2016. [AB2549 Detail]

Download: California-2015-AB2549-Amended.html

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BILL NUMBER: AB 2549	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2016

INTRODUCED BY   Committee on Water, Parks, and Wildlife (Assembly
Members Levine (Chair), Bigelow (Vice Chair), Dodd,  Cristina
Garcia,   Cristina   Garcia,  Gomez,
Harper, Lopez, Medina, Salas, and Williams))

                        FEBRUARY 19, 2016

   An act to amend Sections  5003.17 and 5080.40 
 5002.2 and 5080.31  of the Public Resources Code, relating
to state parks.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2549, as amended, Committee on Water, Parks, and Wildlife.
State park system. 
   Existing law requires that, following classification or
reclassification of a unit of the state park system by the State Park
and Recreation Commission, and prior to the development of any new
facilities in any previously classified unit, the Department of Parks
and Recreation prepare a general plan or revise any existing plan
for the unit in accordance with prescribed procedures.  
   This bill would require the department, in consultation with the
commission, by July 1, 2017, to provide the Legislature with
specified recommendations for improving the state park planning and
approval process, as prescribed.  
   Existing law requires that a general plan for a unit of the state
park system that is the subject of an operating agreement
specifically evaluate and define the manner in which the unit is
proposed to be operated and requires that the general plan be
reviewed by the commission for a determination that the unit will be
operated in a manner that generally meets the standards followed by
the department in its operation of similar units, as specified. 

   This bill would instead require that an operating agreement for
operation of an entire park unit be consistent with the general plan
for that unit of the park, if such a plan exists. The bill would
require that the proposed operating agreement and general plan be
reviewed by the commission for a determination that the unit will be
operated in a manner that is consistent with the general plan and
that generally meets standards followed by the department in its
operation of similar units.  
   Existing law authorizes the Department of Parks and Recreation to
lease, for any use, all or any portion of any parcel of real property
for state park system purposes if the Director of Parks and
Recreation makes certain findings, and prohibits, among other terms
and conditions, any such lease from extending beyond a 10-year period
unless the Legislature or the State Public Works Board reviews and
approves the proposed lease, as provided. Existing law also prohibits
the department from entering into an operating lease or agreement or
amendment with any public agency for the care, maintenance,
administration, and control of certain lands for the state park
system unless either the Legislature or the State Public Works Board
reviews the lease, agreement, or amendment, as specified. 

   This bill would, in those circumstances, instead require the
director to provide at least 30 days' advance written notice of the
proposed lease, operating lease, agreement, or amendment, along with
specified documentation, to the appropriate policy and fiscal
committees of the Legislature and to the Joint Legislative Budget
Committee. 
   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 5002.2 of the   Public
Resources Code   is amended to read: 
   5002.2.  (a) (1) Following classification or reclassification of a
unit by the State Park and Recreation Commission, and prior to the
development of any new facilities in any previously classified unit,
the department shall prepare a general plan or revise any existing
plan, for the unit.
   (2) The general plan shall consist of elements that will evaluate
and define the proposed land uses, facilities, concessions, operation
of the unit, any environmental impacts, and the management of
resources, and shall serve as a guide for the future development,
management, and operation of the unit.
   (3) The general plan constitutes a report on a project for the
purposes of Section 21100. The general plan for a unit shall be
submitted by the department to the State Park and Recreation
Commission for approval.
   (b) The resource element of the general plan shall evaluate the
unit as a constituent of an ecological region and as a distinct
ecological entity, based upon historical and ecological research of
plant-animal and soil-geological relationships and shall contain a
declaration of purpose, setting forth specific long-range management
objectives for the unit consistent with the unit's classification
pursuant to Article 1.7 (commencing with Section 5019.50), and a
declaration of resource management policy, setting forth the precise
actions and limitations required for the achievement of the
objectives established in the declaration of purpose.
   (c) Notwithstanding subdivision (a), the department is not
required to prepare a general plan for a unit that has no general
plan or to revise an existing plan if the only development
contemplated by the department consists of the repair, replacement,
or rehabilitation of an existing facility; the construction of a
temporary facility, if the construction does not result in the
permanent commitment of a resource of the unit; any undertaking
necessary for the protection of public health or safety; or any
emergency measure necessary for the immediate protection of natural
or cultural resources; or any combination of these activities at a
single unit. Any development is subject to the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)).
   (d) Notwithstanding subdivision (a), the department is not
required to prepare a general plan or revise an existing plan for a
unit to which new development is necessary to comply with public
service delivery obligations, operational or code compliance
upgrades, or resource preservation requirements that are compatible
with the classification of the unit. The department may instead
prepare a management or development plan with appropriate
environmental review and analysis.
   (e) Consistent with good planning and sound resource management,
the department shall, in discharging its responsibilities under this
section, attempt to make units of the state park system accessible
and usable by the general public at the earliest opportunity.
   (f) The department may prepare a general plan that includes more
than one unit of the state park system for units that are in close
proximity to one another and that have similar resources and
recreational opportunities if that action will facilitate the
protection of public resources and public access to units of the
state park system. 
   (g) The department, in consultation with the State Park and
Recreation Commission, by July 1, 2017, shall provide the Legislature
with recommendations for improving the state park planning and
approval process that will do all of the following:  
   (1) Provide for more efficient and cost-effective development,
approval, and timely updates of park unit general plans, including
through the use of multi-unit general plans where appropriate. 

   (2) Facilitate clear guidance for management direction of the
relevant park units.  
   (3) Provide for meaningful public participation in the development
and update of park general plans and related planning documents.
 
   (4) Reduce redundant reviews carried out pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)) and other applicable statutes.  
   (5) Enable the department to substantially reduce, by 2020, the
current backlog of plans to be developed for parks that currently
lack a general plan or that have an existing plan that is more than
15 years old and requires significant revision to address pressing
public access and resource management issues. 
   SEC. 2.    Section 5080.31 of the   Public
Resources Code   is amended to read: 
   5080.31.  (a)  The general plan for a unit of the state
park system that is the subject of an   An operating
   agreement  for the operation of an entire park
that is  entered into pursuant to this article  shall,
in addition to the requirements set forth in Section 5002.2,
specifically evaluate and define the manner in which the unit is
proposed to be operated.   shall be consistent with the
general plan for that unit of the park system, if such a plan exists.
 The proposed operating agreement and  general plan
shall be reviewed by the commission for a determination that the unit
will be operated in a manner that  is consistent with the
general plan and  generally meets the standards followed by the
department in its operation of similar units, that enhances the
general public use and enjoyment of, and recreational and educational
experiences at, the unit, and that provides for the satisfactory
management of park resources.
   (b) The general plan for a unit that is the subject of an
agreement entered into pursuant to this article may be prepared
either by the department or by the public agency that is to operate
the unit pursuant to the agreement. 
  SECTION 1.    Section 5003.17 of the Public
Resources Code is amended to read:
   5003.17.  (a) The department may lease, for any use, all or any
portion of any parcel of real property acquired for state park system
purposes, if the director finds that the use would be compatible
with the use of the real property as a unit or part of a unit and
with the sound management and conservation of resources within the
unit.
   (b) Rent shall be based on the fair market value of the property
when used for the purpose for which it is leased. All rent shall be
deposited pursuant to Section 5010.
   (c) The lease term shall not exceed 10 years. All leases are
subject to the approval of the Department of General Services.
   (d) No lease shall be entered into that extends beyond the 10-year
period unless both of the following occur:
   (1) At least 30 days' advance written notice of the proposed
lease, including a copy of the proposed lease, has been provided by
the director to the appropriate policy and fiscal committees of the
Legislature and the Joint Legislative Budget Committee.
   (2) The director includes with the proposed lease sufficient
documentation to enable the Joint Legislative Budget Committee, and
the other committees, to determine whether the lease will conform to
the requirements of this article and to evaluate fully all terms upon
which the lease is proposed to be let, including the rent and other
returns anticipated to be received.  
  SEC. 2.    Section 5080.40 of the Public Resources
Code is amended to read:
   5080.40.  (a) No operating lease or agreement shall be entered
into, or amended, pursuant to this article unless at least 30 days'
advance written notice of the proposed operating lease or agreement
or amendment, including a copy of the proposed lease or agreement or
amendment, has been provided by the director to the appropriate
policy and fiscal committees of the Legislature and the Joint
Legislative Budget Committee.
   (b) The director shall include with the proposed lease or
agreement or amendment sufficient documentation to enable the Joint
Legislative Budget Committee, and the other committees, to evaluate
fully the estimated operating costs and revenues and all terms upon
which the lease or agreement or amendment is proposed to be entered
into. Specifically, the documentation shall identify both of the
following:
   (1) Any anticipated costs to the state for operation or
development under the lease or agreement or amendment and the
anticipated state share of total operation and development costs.
   (2) The anticipated annual revenues, net of operation costs, for
the unit and the state's share of these revenues.
   (c) Leases or agreements shall be exempt from subdivisions (a) and
(b) when all of the following conditions exist:
   (1) The lease or agreement involves operation of only a portion of
a unit of the state park system.
   (2) The term of the lease or agreement is for a period of 20 years
or less.
   (3) The lease's or agreement's impact to the unit, including
concessions revenue, will not exceed five hundred thousand dollars
($500,000) in annual gross revenue generated on the property.
   (4) The lease or agreement involves no significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.
   (d) Amendments to existing leases or agreements shall be exempt
from subdivisions (a) and (b) when all of the following conditions
exist:
   (1) The amendment involves operation of only a portion of a unit
of the state park system.
   (2) The amendment's impact to the unit will not exceed five
hundred thousand dollars ($500,000) in annual gross revenue generated
on the property.
   (3) The amendment involves no significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.