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AB-1504 State parks: concessions: contracts.(2017-2018)

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Date Published: 09/12/2017 09:00 PM
AB1504:v96#DOCUMENT

Assembly Bill No. 1504
CHAPTER 230

An act to amend Sections 5080.06 and 5080.16 of the Public Resources Code, relating to state parks.

[ Approved by Governor  September 11, 2017. Filed with Secretary of State  September 11, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1504, Cooley. State parks: concessions: contracts.
Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist, including, among others, whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action.
This bill would add drought, restricted access, and fires to that list of events or actions.
Existing law requires the Department to prepare an invitation to bid for a contract authorizing occupancy by the concessionaire of any portion of the state park system for a period of more than 2 years, as provided.
This bill would instead require the department to prepare an invitation to bid for a contract authorizing occupancy by the concessionaire for a period of more than 3 years, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5080.06 of the Public Resources Code is amended to read:

5080.06.
 For a contract authorizing occupancy by the concessionaire for a period of more than three years of any portion of the state park system, the department shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the concession sufficient to enable persons to bid solely on the basis of rates to be paid to the state. The invitation to bid shall specify the minimum acceptable rent, except in instances in which a minimum acceptable rent cannot be ascertained because of the novelty or uniqueness of the service or facility to be provided or in instances in which the department has determined that a better return to the state can be secured by not specifying a minimum acceptable rent. Bids shall be made only on the basis of the invitation to bid.

SEC. 2.

 Section 5080.16 of the Public Resources Code is amended to read:

5080.16.
 If the director determines that it is in the best interests of the state, the director, upon giving notice to the commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a) The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b) The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c) Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d) Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e) Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action, including, but not limited to, drought, restricted access, and fires.
(f) Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.