BILL NUMBER: AB 2549 CHAPTERED
BILL TEXT
CHAPTER 201
FILED WITH SECRETARY OF STATE AUGUST 26, 2016
APPROVED BY GOVERNOR AUGUST 26, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 15, 2016
AMENDED IN SENATE AUGUST 9, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 6, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
INTRODUCED BY Committee on Water, Parks, and Wildlife (Assembly
Members Levine (Chair), Bigelow, Dodd, Cristina Garcia, Gomez,
Harper, Lopez, Medina, Salas, and Williams)
FEBRUARY 19, 2016
An act to amend Section 2301 of, and to amend and repeal Sections
2074.2, 2074.6, 2074.8, and 2075.5 of, the Fish and Game Code, and to
amend Sections 5002.2, 5009.1, 5010.6, and 5080.23 of the Public
Resources Code, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 2549, Committee on Water, Parks, and Wildlife. Public
resources.
(1) The California Endangered Species Act requires the Fish and
Game Commission to establish a list of endangered species and a list
of threatened species, and requires the Department of Fish and
Wildlife to recommend, and the commission to adopt, criteria for
determining if a species is endangered or threatened. Under the act,
an interested person may petition the commission to add a species to,
or remove a species from, either the list of endangered species or
the list of threatened species, and existing law requires the
commission to consider the petition at a meeting, as prescribed.
Existing law, until January 1, 2017, establishes additional
procedures for the review of a petition, including public hearings
and public comment.
This bill would extend those additional procedures indefinitely.
(2) Existing law generally prohibits a person from possessing,
importing, shipping, or transporting in the state, or from placing,
planting, or causing to be placed or planted in any water within the
state, dreissenid mussels, and authorizes the Director of Fish and
Wildlife or his or her designee to engage in various enforcement
activities. Existing law provides that a person who violates or
resists, delays, obstructs, or interferes with the implementation of
these provisions is subject to a penalty, in an amount not to exceed
$1,000, that is imposed administratively by the department. Existing
law exempts certain entities from enforcement activities, or from
civil or criminal liability, under prescribed circumstances. These
provisions are repealed on January 1, 2017.
This bill would extend these provisions to January 1, 2020.
Under existing law, a violation of these provisions is a crime. By
extending the operation of these provisions, this bill would impose
a state-mandated local program.
(3) Existing law authorizes the Department of Parks and Recreation
to enter into an agreement to accept funds from any person,
educational institution, tribal government, corporation, or other
business entity or organization for the maintenance, operation,
restoration, repair, development, improvement, or enhancement of a
designated state park system unit or facility, or for research,
educational, interpretive, recreational, or visitor services provided
on or for a designated state park system unit or facility, and
requires that any funds so received be deposited in a separate
account in the State Park Contingent Fund.
This bill would require the department, for each agreement entered
into pursuant to those provisions, to provide an accounting of all
expenditures made from the donated funds, as specified.
(4) Existing law establishes the State Parks Revenue Incentive
Subaccount in the State Parks and Recreation Fund, and continuously
appropriates funds in the subaccount to the Department of Parks and
Recreation for activities, programs, and projects that are consistent
with the mission of the department and that increase the department'
s capacity to generate revenue and implement a revenue generating
program. Existing law requires that activities, programs, and
projects funded by the subaccount include, among other things, a
projection of costs, including design, planning, construction,
operation, staff, maintenance, marketing, and information technology.
This bill would require a projection of costs to include that
information only if appropriate.
(5) 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 January 1, 2018, to provide the Legislature with
specified recommendations for improving the state park planning and
approval process, as prescribed.
(6) Existing law authorizes the Director of Parks and Recreation
to award a concession contract authorizing occupancy of any portion
of the state park system for a period of more than 2 years to the
best responsible person or entity submitting a proposal for the
contract, if the director determines that it is in the best interest
of the state and subject to certain requirements and procedures. If
the concession contract is expected to involve a total investment or
gross sales in excess of $500,000, existing law requires that the
contract meet certain other requirements for entry into contract that
are applicable to contracts that are expected to involve a total
investment or estimated annual gross sales in excess of $1,000,000.
This bill would instead require those concession contracts to meet
those other requirements if the contract is expected to involve a
total investment or gross sales in excess of $1,000,000.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2074.2 of the Fish and Game Code, as amended by
Section 3 of Chapter 387 of the Statutes of 2013, is amended to
read:
2074.2. (a) At the meeting scheduled pursuant to Section 2074,
the commission shall hold a public hearing on the petition and shall
receive information, written or otherwise, and oral testimony. After
the conclusion of oral testimony from the commission and department
staff, the petitioner, or any other persons, the commission may close
the public hearing and administrative record for the commission's
decision pursuant to this section.
(b) After the commission closes the public hearing, the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed, no person shall submit further information
to the commission for consideration on that petition and the
commission shall not accept any further information for consideration
on that petition except as provided in subdivision (c).
(c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the commission
closes the public hearing unless one of the following occurs prior to
the commission's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petition provides sufficient information to
indicate that the petitioned action may be warranted.
(2) The commission determines that it requires further information
to evaluate whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petition provides
sufficient information to indicate that the petitioned action may be
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph. If
the commission reopens the record pursuant to this paragraph, it
shall provide an opportunity for public comment on the submitted
information prior to the issuance of its decision.
(d) In its discretion, the commission may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date, which shall be no later than 90
days after the meeting scheduled pursuant to Section 2074, and
subject to applicable notice and agenda requirements. If the
commission closes the public hearing but continues the meeting for
the purpose of deliberation, a person shall not submit, and the
commission shall not receive, further information relating to the
petition except as provided in subdivision (c).
(e) At the meeting scheduled pursuant to Section 2074 or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall consider the petition, the department's written
report, written comments received, and oral testimony provided during
the public hearing, and the commission shall make and enter in its
record one of the following findings:
(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.
(f) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
SEC. 2. Section 2074.2 of the Fish and Game Code, as added by
Section 4 of Chapter 387 of the Statutes of 2013, is repealed.
SEC. 3. Section 2074.6 of the Fish and Game Code, as amended by
Section 5 of Chapter 387 of the Statutes of 2013, is amended to read:
2074.6. The department shall promptly commence a review of the
status of the species concerned in the petition. Within 12 months of
the date of publication of a notice of acceptance of a petition for
consideration pursuant to paragraph (2) of subdivision (e) of Section
2074.2, the department shall produce and make publicly available on
the department's Internet Web site a final written peer reviewed
report, based upon the best scientific information available to the
department, which indicates whether the petitioned action is
warranted, which includes a preliminary identification of the habitat
that may be essential to the continued existence of the species, and
which recommends management activities and other recommendations for
recovery of the species. Prior to releasing the final written
report, the department shall have a draft status review report
prepared and independently peer reviewed, and upon receiving the peer
reviewers' input, shall evaluate and respond in writing to the
independent peer review and shall amend the draft status review
report as appropriate. The revised report shall be posted on the
department's Internet Web site for a minimum of 30 days for public
review prior to the hearing scheduled pursuant to Section 2075. The
commission may grant an extension of up to six months if the director
determines an extension is necessary to complete independent peer
review of the report, and to provide a minimum of 30 days for public
review of the peer reviewed report prior to the public hearing
specified in Section 2075.
SEC. 4. Section 2074.6 of the Fish and Game Code, as added by
Section 6 of Chapter 387 of the Statutes of 2013, is repealed.
SEC. 5. Section 2074.8 of the Fish and Game Code, as amended by
Section 7 of Chapter 387 of the Statutes of 2013, is amended to read:
2074.8. This article does not impose any duty or obligation for,
or otherwise require, the commission or the department to undertake
independent studies or other assessments of any species when
reviewing a petition and its attendant documents and comments.
However, the department shall seek independent scientific peer review
of the department's status report. The director may approve an
extension of time for completion of the status report if necessary
for the purposes of obtaining independent peer review pursuant to
Section 2074.6.
SEC. 6. Section 2074.8 of the Fish and Game Code, as added by
Section 8 of Chapter 387 of the Statutes of 2013, is repealed.
SEC. 7. Section 2075.5 of the Fish and Game Code, as amended by
Section 9 of Chapter 387 of the Statutes of 2013, is amended to read:
2075.5. (a) At the meeting scheduled pursuant to Section 2075,
the commission shall hold a public hearing on the petition and shall
receive information, written or otherwise, and oral testimony. After
the conclusion of oral testimony from the commission and department
staff, the petitioner, or any other persons, the commission may close
the public hearing and the administrative record for the commission'
s decision pursuant to this section.
(b) After the commission closes the public hearing, the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed, a person shall not submit further
information to the commission for consideration on that petition and
the commission shall not accept any further information for
consideration on that petition except as provided in subdivision (c).
(c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the commission
closes the public hearing unless one of the following occurs prior to
the commission's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petitioned action is warranted.
(2) The commission determines that it requires further information
to evaluate whether the petitioned action is warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petitioned action is
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph.
(d) The commission, in its discretion, may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date which is no later than 90 days
after the meeting scheduled pursuant to Section 2075, and subject to
applicable notice and agenda requirements. If the commission closes
the public hearing but continues the meeting for the purpose of
deliberation, a person shall not submit, and the commission shall not
receive, further information relating to the petition except as
provided in subdivision (c).
(e) At the meeting scheduled pursuant to Section 2075, or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall make one of the following findings:
(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code, to add the species to, or remove the species from, the list of
endangered species or the list of threatened species. Further
proceedings of the commission on the petitioned action shall be made
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 8. Section 2075.5 of the Fish and Game Code, as added by
Section 10 of Chapter 387 of the Statutes of 2013, is repealed.
SEC. 9. Section 2301 of the Fish and Game Code is amended to read:
2301. (a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the
state, dreissenid mussels.
(2) The director or his or her designee may do all of the
following:
(A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.
(B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved by
the department.
(C) Impound or quarantine conveyances in locations designated by
the department for up to five days or the period of time necessary to
ensure that dreissenid mussels can no longer live on or in the
conveyance.
(D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities be
inspected, quarantined, or disinfected in a manner and for a duration
necessary to detect and prevent the spread of dreissenid mussels
within the state.
(ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner
and duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction
shall be authorized by the director or his or her designee without
the concurrence of the Secretary of the Natural Resources Agency. If
a closure lasts longer than seven days, the department shall update
the operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department's Internet Web site in an easily accessible manner.
(iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Water Resources, the Department of
Parks and Recreation, and the State Lands Commission in the event of
a decision to close, quarantine, or restrict a facility pursuant to
this paragraph. These procedures shall include the reasons for the
closure, quarantine, or restriction, and methods for providing
updated information to those affected. These procedures shall also
include protocols for the posting of the notifications on the
department's Internet Web site required by clause (ii).
(iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus
the closure or quarantine to specific areas and facilities so as to
avoid or minimize disruption of economic or recreational activity in
the vicinity.
(b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).
(2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.
(c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code does not
apply to the implementation of this section.
(2) An action undertaken pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) involving the use of chemicals other than
salt or hot water to decontaminate a conveyance or a facility is
subject to Division 13 (commencing with Section 21000) of the Public
Resources Code.
(d) (1) A public or private agency that operates a water supply
system shall cooperate with the department to implement measures to
avoid infestation by dreissenid mussels and to control or eradicate
any infestation that may occur in a water supply system. If
dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following minimum
elements:
(A) Methods for delineation of infestation, including both adult
mussels and veligers.
(B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.
(C) A systematic monitoring program to determine any changes in
conditions.
(D) The requirement that the operator of the water supply system
permit inspections by the department as well as cooperate with the
department to update or revise control or eradication measures in the
approved plan to address scientific advances in the methods of
controlling or eradicating mussels and veligers.
(2) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control or
eradicate dreissenid mussels in accordance with paragraph (1), the
requirements of subdivision (a) do not apply to the operation of
those water delivery and storage facilities, and the operator is not
subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. The
department may require the operator of a facility to update its plan,
and if the plan is not updated or revised as described in
subparagraph (D) of paragraph (1), subdivision (a) shall apply to the
operation of the water delivery and storage facilities covered by
the plan until the operator updates or revises the plan and initiates
and complies with all of the elements of the updated or revised
plan.
(e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.
(f) (1) In addition to any other penalty provided by law, any
person who violates this section, violates any verbal or written
order or regulation adopted pursuant to this section, or who resists,
delays, obstructs, or interferes with the implementation of this
section, is subject to a penalty, in an amount not to exceed one
thousand dollars ($1,000), that is imposed administratively by the
department.
(2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the amount
of the penalty and the procedure for imposing and appealing the
penalty.
(g) The department may adopt regulations to carry out this
section.
(h) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under this
section shall not be liable with regard to any determination or
authorization made pursuant to this section.
(i) 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. 10. 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 January 1, 2018, shall provide the
Legislature with recommendations for improving the state park
planning and approval process to help achieve the following goals:
(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) Provide for public participation in the development and update
of park general plans and related planning documents.
(3) Streamline reviews carried out pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)) and other applicable statutes.
(4) Enable the department to reduce, by 2025, the current backlog
of general plans to be developed for parks that currently lack a
general plan or that have an existing general plan that is more than
25 years old and requires significant revision to address pressing
public access and resource management issues.
SEC. 11. Section 5009.1 of the Public Resources Code is amended to
read:
5009.1. (a) (1) The department may enter into an agreement to
accept funds from any person, educational institution, tribal
government, corporation or other business entity, or organization for
the maintenance, operation, restoration, repair, development,
improvement, or enhancement of a designated state park system unit or
facility, or for research, educational, interpretive, recreational,
or visitor services provided on or for a designated state park system
unit or facility. Any funds so received shall be deposited in a
separate account in the State Park Contingent Fund. The funds
received shall supplement, but not replace, existing resources for
the maintenance, operation, restoration, repair, development,
improvement, or enhancement of the unit or facility, or for
establishing or enhancing park services provided to visitors. The
department and the sponsoring or donating person, entity, government,
or organization shall specify in the agreement the level of service
that is to be performed.
(2) Each agreement entered into pursuant to paragraph (1) shall
include a provision requiring the department to provide to the
signatory of the agreement or his or her designee an accounting of
all expenditures made from the donated funds until all of the donated
funds have been expended. The accountings shall be provided on a
quarterly basis unless a different frequency is agreed to by the
parties to the agreement.
(b) The department may enter into an agreement to accept from any
person, educational institution, tribal government, corporation or
other business entity, or organization services for the cleanup,
repair, development, improvement, restoration, or enhancement of any
designated state park system unit or facility, or for research,
educational, interpretive, recreational, or visitor services provided
on or for a state park system unit or facility. Under the direction
of the department, these services shall supplement, but not replace,
existing staff resources for the purpose of enhancing the maintenance
and operation of the unit or facility or for establishing or
enhancing park services provided to visitors.
(c) The director may authorize the erection of an appropriate sign
in recognition of a donation or sponsorship provided in accordance
with this section, consistent with existing law and with the rules
and regulations of the department regarding signs in units of the
state park system.
(d) The department may provide free or reduced-cost access to, and
use of, park facilities to entities that have entered into
agreements as described in this section, if the public benefit to be
provided pursuant to the agreement exceeds or is of comparable value,
as determined by the department, to the access to or use of park
facilities granted.
SEC. 12. Section 5010.6 of the Public Resources Code is amended to
read:
5010.6. (a) For purposes of this section,
"subaccount" means the State Parks Revenue Incentive Subaccount
created pursuant to this section.
(b) The State Parks Revenue Incentive Subaccount is hereby created
within the State Parks and Recreation Fund and the Controller shall
annually transfer four million three hundred forty thousand dollars
($4,340,000) from the State Parks and Recreation Fund to the
subaccount.
(c) Notwithstanding Section 13340 of the Government Code, the
funds in the subaccount are hereby continuously appropriated to the
department for activities, programs, and projects, including, but not
limited to, capital outlay projects, that are consistent with the
mission of the department and that increase the department's capacity
to generate revenue and to implement the revenue generation program
developed pursuant to Section 5010.7. Expenditures from the
subaccount may include expenditures for staffing entry points,
including department employees, seasonal employees, state and local
conservation corps, individuals qualified pursuant to Chapter 0908 of
the Department Operations Manual, and employees of organizations
with agreements with state parks pursuant to Sections 513, 5009.1,
5009.3, and 5080. Activities, programs, and projects funded by the
subaccount shall each include all of the following:
(1) A clear description of the proposed use of funds.
(2) A timeframe for implementation of the activity, program, or
project.
(3) A projection of revenues, including annual income, fees, and
projected usage rates.
(4) A projection of costs, including, if appropriate, design,
planning, construction, operation, staff, maintenance, marketing, and
information technology.
(5) A market analysis demonstrating demand for the activity,
project, or program.
(6) A projected rate of return on the investment.
(d) The Office of State Audits and Evaluations shall review the
activities, programs, and projects funded from the subaccount
pursuant to subdivision (c) to ensure appropriate internal controls
are in place. The department shall reimburse the Office of State
Audits and Evaluations from the subaccount for any costs related to
the review.
(e) The revenue generated from activities, programs, and projects
funded by the subaccount are continuously appropriated for
expenditure by the department pursuant to subdivisions (c) and (d) of
Section 5010.7.
(f) The funds in the subaccount shall be available for encumbrance
and expenditure until June 30, 2019, and for liquidation until June
30, 2021.
(g) This section shall become inoperative on June 30, 2021, and,
as of January 1, 2022, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2022, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 13. Section 5080.23 of the Public Resources Code is amended
to read:
5080.23. (a) Notwithstanding any other provision of this article,
with respect to concession contracts entered into on and after
October 1, 1994, if the director determines that it is in the best
interests of the state, the director may, upon giving notice to the
State Parks and Recreation Commission, in lieu of the process for
awarding contracts otherwise prescribed in this article, award
contracts authorizing occupancy of any portion of the state park
system for a period of more than two years to the best responsible
person or entity submitting a proposal for a concession contract.
(b) For any concession contract authorizing occupancy by the
concessionaire for a period of more than two years of any portion of
the state park system that is entered into pursuant to this section,
the department shall prepare a request for proposal, which shall
include the terms and conditions of the concession sufficient to
enable a person or entity to submit a proposal for the operation of
the concession on the basis of the best benefit to the state.
Proposals shall be completed only on the basis of the request for
proposal.
(c) Any concession contract entered into pursuant to this section
that is expected to involve a total investment or gross sales in
excess of one million dollars ($1,000,000) shall comply with the
requirements for entry into contract that are set forth in Section
5080.20.
(d) For purposes of this section, "best responsible person or
entity submitting a proposal" means the person or entity submitting a
proposal, as determined by specific standards established by the
department, that will operate the concession in the best interests of
the state and the public.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.