California Assembly Bill AB1579 Latest Draft

 BILL NUMBER: AB 1579INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Travis Allen JANUARY 5, 2016 An act to amend Section 5080.40 of the Public Resources Code, relating to parks and monuments. LEGISLATIVE COUNSEL'S DIGEST AB 1579, 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.   process.  (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   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,   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.