BILL NUMBER: AB 232	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Travis Allen

                        FEBRUARY 4, 2015

   An act to amend Section 5080.40 of the Public Resources Code,
relating to parks and monuments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 232, as introduced, Travis Allen. Parks and monuments:
operating leases or agreements.
   Existing law authorizes the Department of Parks and Recreation to
enter into agreements with an agency of the United States, a city,
county, district, or other public agency, or any combination thereof,
for the care, maintenance, administration, and control by a party to
the agreement of lands under the jurisdiction of a party to the
agreement, for the purpose of the state park system. Existing law
prohibits the department from entering into an operating lease or
agreement, or amendment, unless one of 2 conditions are met including
if, following enactment of the annual Budget Act, the State Public
Works Board determines, among other things, that the proposed lease
or agreement, or amendment, could not have been presented to the
Legislature for review during the annual budget process, as provided.
In those circumstances existing law authorizes the board to review
and approve the proposed lease or agreement, or amendment, no earlier
than 20 days after it has provided written notification to the
chairpersons of certain legislative committees, as provided.
   This bill would instead authorize the board to review and approve
a proposed lease or agreement, or amendment, no earlier than 30 days
after it has provided written notification to the chairpersons of
those legislative committees, as provided.
   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 5080.40 of the Public Resources Code is amended
to read:
   5080.40.  (a)  No   An  operating lease
or agreement shall  not  be entered into, or amended,
pursuant to this article unless one of the following  has
occurred:   occurs: 
   (1) The Legislature  has reviewed   reviews
 the lease or agreement, or amendment, as part of the annual
budget process  or the requirements of paragraph (2) have
been met  .
   (2) Following enactment of the annual Budget Act, the State Public
Works Board determines that the proposed lease or  agreement
or amendment   agreement, or amendment,  could not
have been presented to the Legislature for review during the annual
budget process, or that the proposed lease or  agreement or
amendment   agreement, or amendment,  was reviewed
during the annual budget process but it is necessary to revise the
terms of the lease or  agreement or amendment  
agreement, or amendment,  in a material respect, and the State
Public Works Board determines that it is adverse to the interests of
the public to defer that review to the next annual budget process.
Upon making its determination, the State Public Works Board may
review and approve the proposed lease or agreement  ,  or
amendment, or any revision thereof,  not sooner 
 no earlier  than  20   30  days
after  the board has provided   providing 
written notification to the Chairperson of the Joint Legislative
Budget Committee, the Chairperson of the Assembly  Ways and
Means  Committee  on Appropriations  , and the
Chairperson of the Senate  Budget and Fiscal Review 
Committee  on Budget and Fiscal Review  of the intended
action.  All actions   An action  taken by
the State Public Works Board pursuant to this paragraph shall be
reported to the Legislature in the next Governor's Budget.
   (b) The department shall include with the proposed lease or
 agreement or amendment   agreement, or
amendment,  sufficient documentation to enable the Legislature
or the State Public Works Board, as the case may be, to evaluate
fully the estimated operating costs and revenues and all terms upon
which the lease or  agreement or amendment  
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
  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  
does not involve a  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   An   amendment
 to  an  existing  leases   lease
 or  agreements   agreement  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   does not
involve a  significant change in state operational funding or
staffing levels, and does not include present or future state
expenditures for development of the unit.